Agenda

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County Attorney's Report 9. 1.

BCC Regular Meeting

Action

Meeting Date:	03/01/2018
Issue: Approval of the Transfer of the Potable Water System on Innerarity Island to Emerald Coast Utilities Authority
From:	Charles Peppler
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Approval of the Transfer of the Potable Water System on Innerarity Island to Emerald Coast Utilities Authority (Escambia County v. Innerarity Island Development Corporation, Case No. 2014 CA 000237).

That the Board approve the transfer of the potable water system on Innerarity Island to Emerald Coast Utilities Authority.

BACKGROUND:

On March 21, 2014, Escambia County was appointed receiver of the Innerarity Island Development Corporation (IIDC) utility system after IIDC filed a notice of abandonment, pursuant to Section 367.165(1), Fla. Stat. Since the time of being appointed receiver, the County has been in negotiations with the Emerald Coast Utilities Authority (ECUA) to be the ultimate transferee of the utility system. An Interlocal Agreement between the County and ECUA provided for improvements to be made to the potable water system for ultimate transfer to ECUA. Substantial completion has occurred. It is expected that final completion and acceptance by ECUA will take place on February 28, 2018.

ECUA has agreed to the entry of an order by Circuit Court Judge Scott Duncan to approve the permanent transfer of the potable water system on Innerarity Island to ECUA beginning midnight on March 1, 2018. Judge Duncan has entered the attached order approving the transfer on February 21, 2018.

ECUA is ready, willing and able to accept the potable water system for ownership and maintenance and will continue to operate the potable water system for the benefit of its rate payers and the citizens of Escambia County. Negotiations continue with ECUA regarding the transfer of sanitary sewer system of the utility system formerly operated by IIDC. Until transfer, the County will continue as receiver.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

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PERSONNEL:

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POLICY/REQUIREMENT FOR BOARD ACTION:

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IMPLEMENTATION/COORDINATION:

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Attachments
Order Transferring Potable Water System to ECUA