The complete process to acquire and finance the systems is subject to several provisions of Florida law. A summary of the requirements and necessary City Council action items is included in the following Table 1.1.
If Resolution No. 2017-04 is approved, it accomplishes action items 2 and 3.
TABLE 1.1
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Action Item
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Associated Ordinance or Resolution
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Tentative Date for Council Consideration
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1
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Approve Purchase and Sale Agreements pursuant to section 180.301, Florida Statutes
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Resolution No. 2017-03
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November 15, 2016
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2
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Propose extension of City’s utility system pursuant to section 180.03
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Resolution No. 2017-04
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November 15, 2016
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3
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Set Public Hearing for Authorization of Extension of Utility and Rate Increase Hearing
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Resolution No. 2017-04
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November 15, 2016
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4
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Consider Bond Ordinance on First Reading
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Forthcoming
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December 6, 2016
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5
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Hold hearing on any objections filed pursuant to Resolution No. 2017-04
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Forthcoming, if any such objections are filed
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December 6, 2016
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6
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Authorize Extension of City’s utility system pursuant to section 180.04, Florida Statutes
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Forthcoming
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January 3, 2017
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7
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Allow public comment on rate increase
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Forthcoming
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January 3, 2017
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8
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Authorize borrowing/consider Bond Ordinance on Second Reading
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Forthcoming
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January 3, 2017
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I. Extending the City’s Water Utility System – Sections 180.03 and 180.04, Florida Statutes
If the City purchases the Lakewood Villas, Barbara Ann Acres, and Silver Oaks Utility systems, it is effectively extending its water utility system.
Extending the system is governed by two Florida Statutes: Section 180.03 and 180.04. Each statute requires a resolution.
Before you is the resolution for section 180.03, which is the initial resolution proposing the extension and setting the time for any objections.
The full text of 180.03 is included as Attachment 2 and sets forth the matters required to be addressed in the resolution.
Resolution No. 2017-04 has been prepared to cover all matters required by 180.03(1) and (2).
Subsection (3) is not applicable as the Lakewood Villas, Barbara Ann Acres, and Silver Oaks Utility systems are not sewage systems.
Resolution No. 2017-04 further provides for a tentative date for the City Council to consider the second and final resolution to authorize the extension under section 180.04.
II. Condition Precedent to Closing
Under the purchase and sale agreements for the systems, the closing is conditioned upon satisfying the requirements of sections 180.03 and 180.04.