HomeMy WebLinkAbout17-108RESOLUTION NO. 17-108
A RESOLUTION OF THE ST. LUCIE COUNTY WATER AND
SEWER DISTRICT ACCEPTING TRANSFER OF THE ASSETS,
CUSTOMERS AND SERVICE RESPONSIBILITIES OF THE
SOUTH HUTCHINSON ISLAND WASTEWATER SYSTEM;
AMENDING DISTRICT RESOLUTION NO. 13-232A TO
REVISE THE DEFINITION OF "SEWER SYSTEM" SET FORTH
THEREIN; MAILING CERTAIN FINDINGS AND
DETERMINATIONS RELATED TO THE TRANSFER; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE DISTRICT COMMISSION OF THE ST. LUCIE COUNTY
WATER AND SEWER DISTRICT AS FOLLOWS:
SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is
adopted pursuant to the provisions of the Constitution of the State of Florida, Chapter 125, Part
I, Florida Statutes, Chapter 153, Part II, Florida Statutes, Chapter 189, Florida Statutes and other
applicable provisions of law, County Ordinance No. 04-023 and Resolution No. 13-232A (the
"Master Resolution").
SECTION 2. DEFINITIONS. This Resolution constitutes a Supplemental
Resolution as defined in the Master Resolution. All capitalized words and terms not otherwise
defined herein shall have the meaning set forth in the Master Resolution.
SECTION 3. FINDINGS. It is hereby ascertained, determined and declared as
follows:
(A) St. Lucie County, Florida (the "County") issued its Special Assessment Refunding
Bonds, Series 1998 (South Hutchinson Island Wastewater System) (the "Series 1998 Bonds") to
finance the cost of the acquisition and construction of a wastewater treatment and effluent
disposal/reuse system and related facilities on South Hutchinson Island (the "South Hutchinson
Island Facilities").
(B) The County recently redeemed the Series 1998 Bonds in their entirety, and by
resolution has authorized transfer of the South Hutchinson Island Facilities, including all funds,
reserves, customers and any other assets thereof, to the District.
(C) The District hereby accepts such transfer and assumes responsibility for
providing wastewater and reuse water service to the customers of the South Hutchinson Island
Facilities.
(D) It is necessary, desirable, and in the best interest of the health, safety, and welfare
of the District and its inhabitants that the District combine the South Hutchinson Island
Facilities with the Utility System.
(E) The District Commission adopted the Master Resolution to provide for the
issuance of Bonds to finance and/or refinance capital improvements and acquisitions related to
the Utility System, including but not limited to the District's currently outstanding Utility
System Improvement and Refunding Revenue Bonds, Series 2013.
(F) The definition of "Sewer System' set forth in the Master Resolution expressly
excludes the South Hutchinson island Facilities, which definition requires amendment in light
of the District accepting the transfer contemplated herein.
(G) Section 22 of the Master Resolution provides that the District may adopt
Supplemental Resolutions from time to time which amend or supplement the Master
Resolution, without the consent or concurrence of any Holder of any Bonds, if the provisions of
such Supplemental Resolutions do not materially adversely affect the rights of the Holders of
the Bonds then Outstanding, for any one or more of the purposes set forth therein, including to
provide for the combination of the Utility System with any other utility provided the District
makes certain determinations as set forth in Section 26 of the Master Resolution.
(H) In accordance therewith, the District Commission hereby determines that the
addition of the South Hutchinson Island Facilities to the Utility System will not impair the
ability of the District to comply with the provisions of the Master Resolution and will not
materially adversely affect the rights of the Holders of the Bonds.
SECTION 4. AMENDMENT OF MASTER RESOLUTION.
The definition of "Sewer System" set forth in Section 2 of the Master Resolution is hereby
amended as follows, with deleted text indicated by strip#.
"Sewer System" shall mean the complete sewer, wastewater and
residential and commercial reuse system now owned, operated and maintained
by the Issuer and which the Issuer is, or shall be responsible for maintaining,
together with any and all acquisitions, improvements, extensions and additions
thereto, hereafter constructed or acquired, together with all lands or interests
therein, including plants, buildings, machinery, franchises, pipes, mains, fixtures,
equipment and all property, real or personal, tangible or intangible (including
agreements for the providing of such services), now or hereafter constructed
and/or owned or used in connection therewith; provided, however, the term
"Sewer System" shall not include the Sett h Hut-ehinsen island wastewater- and
County Fairgrounds wastewater system.
SECTION 5. REPEAL OF INCONSISTENT INSTRUMENTS. All prior
ordinances and resolutions of the District or provisions thereof inconsistent with the provisions
of this Resolution are hereby repealed to the extent of such conflict and, except as otherwise
repealed hereby, shall remain in full force and effect.
2
SECTION G. EFFECTIVE DATE. The provisions of this Resolution shall take
effect immediately upon its passage.
DULY PASSED AND ADOPTED this day of May, 2017, at a regular meeting of.
the District Commission of the St. Lucie County Water and Sewer District.
AS TO FORMAND CORRECTNESS:
County Attorney
3
APPROVED:
G
Chairman