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1994/06/01 Dean Mead & Minton ProposalTo The UTILITY WORKING GROUP CITY OF OKEECHOBEE OKEECHOBEE COUNTY OKEECHOBEE BEACH WATER ASSOCIATION All on UTILITY SERVICE SOLUTIONS BY DEAN, MEAD MINTON AND HARTMAN ASSOCIATES, INC. June 1994 HARTNAN ASSOCIATES, INC. engineers, hydrogeologists, surveyors management consultants ORLAWDO JACKSONVILLE TALLAHASSEE FT. MYERS THE FIRMS 1 DEAN, MEAD MINTON 1 HARTMAN ASSOCIATES, INC. 2 BACKGROUND 3 GOALS 4 POSSIBLE SOLUTIONS 5 EXAMPLE SOLUTION 6 WHAT IS IT? 7 WHAT DOES IT DO? 8 EXAMPLE ENTITIES 9 BENEFITS OF THE AUTHORITY 10 BENEFITS ACCRUING TO THE CITY 11 BENEFITS TO THE COUNTY 12 BENEFITS TO OBWA 13 WHAT ARE THE REVENUES FOR THE CITY? 14 OTHER ITEMS 15 TO GET THESE BENEFITS WHAT DOES THE CITY GIVE UP? 16 TO GET THESE BENEFITS WHAT DOES THE COUNTY OBWA GIVE UP? 17 NEEDED AGREEMENTS 18 RATE COMPARISONS EXISTING 19 RATE COMPARISONS EXAMPLE RATE 20 RATE COMPARISONS 21 HEARINGS 22 CITY DECISIONS 23 MHR/pt/11/R- S -4 /toc HAI #94- 120.MK TABLE OF CONTENTS THE FIRMS 1 1 DEAN, MEAD MINTON 1 1. Attorneys experienced in utility transfers and utility management. 2. Attorneys experienced in representing agricultural interests and with the needs and problems of agricultural communities that desire to develop a broader economic base. 1 3. Attorneys experienced in complex transactions, mergers, acquisitions and organizational structures. 4. Attorneys experienced in all facets of local government law. 5. Local offices in Fort Pierce, Melbourne, Viera, Merritt Island and Orlando. 6. Recognized as innovative in its approach to solving clients' problems. 7. Michael Minton, Robert Klein and Ken Crooks will be the responsible attorneys. 1 1 1 MHR/pU11/R- S- 4/preJHAI #94-120.MK 1 HARTMAN ASSOCIATES, INC. 1. Experienced professionals in utility organization, design operations, rate making and financing. 2. Local offices in Orlando and Ft. Myers. 3. Wide range of utility clients. 4. Recognized as one of the premier firms in utility matters. 5. Gerald Hartman will be principal -in- charge MHR/p1/11/R- S- 4/pre1HAI #94-120.MK 2 BACKGROUND THERE IS A NEED FOR A UTILITY SERVICE SOLUTION 4 WHY: 1. WUP OBJECTION CITY VS. OBWA 2. HISTORIC MORATORIUMS OBWA 3. NEED FOR ECONOMIC DEVELOPMENT OF OKEECHOBEE COUNTY 4. LONG TERM ADEQUATE QUALITY AND CAPACITY 5. SERVICE AREA DISPUTE RESOLUTION 6. CONTAIN USER RATES IN THE CITY 7. RELATIVELY HIGH DEBT ON CITY SYSTEM 8. CASH CONTRIBUTIONS NEEDS 9. CONTROL ISSUE 3 1. City Provide quality water and wastewater service at best possible price. 2. County Have water and wastewater utility assist in economic development through cost effective service and minimum immediate financial requirements to obtain service. 3. OBWA Obtain additional capacity and service area as needed. MHR/pt/WR- S- 4/pre./HAl $94- 120.MK GOALS 4 4 5 POSSIBLE SOLUTIONS a 1. NO ACTION CONTINUE AS IS 2. CITY BUYS COUNTY AND OBWA SYSTEMS 3. OBWA BUILDS OWN SYSTEM 4. SPECIAL ACT AUTHORITY OR UTILITIES COMMISSION 5. INTERLOCAL AGREEMENT AUTHORITY 6. 373 F.S. AUTHORITY 7. NOT -FOR PROFIT CORPORATION 63 -20 OR OTHER 8. COOPERATIVE 9. CITY AUTHORITY 10. OTHERS MHR/pt/II/R-S-41prefRA11194-120.MK EXAMPLE SOLUTION AUTHORITY Let's Discuss this further 6 4 MHR/pW/R- S- 4/prehlAJ $94120.MK WHAT IS IT? 1. Governing body for utility services. 7 4 1. Provides utility services. 2. Establishes uniform services policies. 3. Establishes rate and charges. 4. Allows for alternative funding sources. 5. Provides participation to all entities within service area. WHAT DOES IT DO? 8 1. WCRWSA EXAMPLE ENTITIES 2. LEE COUNTY REGIONAL WATER SUPPLY AUTHORITY (LCRWSA) 3. PRMRWSA 4. VCCWSC BENEFITS OF THE AUTHORITY 1. NON -FOR PROFIT OPERATION 2. ECONOMY OF SCALE 3. ALL ENTITIES REPRESENTED 4. NO SERVICE AREA DISPUTES 5. COMMINGLED ASSETS AND FACILITIES 6. UTILIZATION OF EXISTING SEASONED PROFESSIONAL OPERATORS 7. REGIONAL PLANNING 8. MORE FINANCIAL STABILITY 9. ETC. 10 4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 MHR/pW/R- S- 4/preJHAl #94- 120.MK BENEFITS ACCRUING TO THE CITY 1. SAME UTILITY STAFF 2. PAYMENTS IN LIEU OF TAXES 3. ALLOCATED OVERHEAD 4. FRANCHISE FEE AGREEMENT 5. UTILITY TAX REVENUE 6. BROADER CUSTOMER BASE TO DEFEASE DEBT 7. STOPS DISPUTES 8. ALLOWS CITY TO UNDERTAKE OTHER BENEFICIAL PROJECTS 9. REDUCES CITY DEBT BURDEN 10. CITY SHARES IN ECONOMY OF SCALE 11. CITY KEEPS RESERVES 12. REVERTER CLAUSE ON DEFAULT 11 BENEFITS TO THE COUNTY 1. GREATER COMBINED RESOURCES FOR ECONOMIC DEVELOPMENT. 2. REDUCES LOCATION COMPETITION FOR ECONOMIC DEVELOPMENT. 4 3. UNIFIED EFFORT TO GENERATE MAXIMUM BENEFITS FOR ALL COUNTY RESIDENTS. 4. STOPS DISPUTES. 5. ALLOWS COUNTY TO PURSUE OTHER REGIONAL SERVICES. 6. ALLOW COUNTY TO INVEST IN ECONOMIC DEVELOPMENT. 12 MHR/pt4/R- S- 4/preJHAl k94120.MK BENEFITS TO OBWA 4 1. ELIMINATES MORATORIUM DUE TO CAPACITY ISSUES. 2. STOPS DISPUTES. 3. PROVIDES LONG TERM MORE COST EF1 ECTIVE SERVICES. 4. NO DUPLICATION OF SERVICES. 5. MASTER PLANNED UTILITY INCREASES RELIABILITY AND QUALITY OF SERVICES. 6. ELIMINATES ONE LAYER OF MANAGEMENT /GOVERNMENT. 13 4 Payment in lieu of taxes $78,900 Allocated overhead to General Fund 100,000 Utility tax 0 10% 164,600 Franchise fee 0 6% 115.900 TOTAL $453,400 MHR/pt/01R- S- 4/pre./HAl #94-I 20.MK WHAT ARE THE REVENUES FOR THE CITY? IN FUTURE THIS INCREASES. Based on data from the City's financial statements for FY ending September 30, 1993 and Smith Gillespie Report dated April 1994. 14 OTHER ITEMS 1. REVERT CLAUSE FOR DEFAULT 2. PROTECTION PROVISIONS 3. OTHER 4 MHR/pt/WR- S- 4/preiHAI 4- 120.MK TO GET THESE BENEFITS WHAT DOES THE CITY GIVE UP? 4 CONCESSIONS: 1. MINORITY VOTE ON BOARD OF DIRECTORS 2. FUTURE DEDICATION OF ASSETS AFTER PAID -OFF (i.e., 30 years or more) 3. ALLOW A STANDARD AND UNIFORM EXTENSION POLICY 4. AGREES TO SERVE CUSTOMERS WHERE AND WHEN ECONOMICALLY FEASIBLE 5. ANNEXING INCENTIVES OTHER THAN THE ALLOWED 25% SURCHARGE 16 TO GET THESE BENEFITS WHAT DOES COUNTY OBWA GIVE UP? 4 CONCESSIONS: 1. SERVICE AREA 2. DEDICATE ASSETS TO AUTHORITY 3. PAYMENT IN LIEU OF TAXES. 4. FRANCHISE FEE 5. UTILITY TAX 6. ALLOCATED OVERHEAD (marginal) 17 4 NEEDED AGREEMENTS 1. INTERLOCAL AGREEMENT 2. ASSET TRANSFER AGREEMENT 3. OPERATIONS AGREEMENT 4. CITY AND AUTHORITY AGREEMENT REGARDING REVENUE AND DEBT 5. OTHER 18 1 1 1 1 EXISTING 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Water Capital Recovery and Minimum Service Volume Charge (1,000 gal) 1. Includes 25% surcharge and 3,000 gal of service. 2. Includes $1.00 franchise fee. Wastewater Monthly Service Volume Charge (1,000 gal) 3. Includes 25% surcharge. MHR/pt/u/R- S- 4/prchHAl #94- 120.MK RATE COMPARISONS 19 City $11.60 $1.70 City $8.95 $2.24 County $14.51 $2.13 4 OBWA $9.00 $3.00 County 1 OBWA $11.19 N/A $2.80 N/A 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 RATE COMPARISONS EXAMPLE RATE PRELIMINARY BASED ON EQUALIZATION Water City 1 County Minimum Service $11.60 $13.46 Volume /1,000 gal 1 $1.47 I $1.71 Wastewater 1 City 1 County Minimum Service $8.95 $9.49 Volume /1,000 gal $2.59 $2.75 MHR/pV0/R- S- 4/preJHAl M94120.MK 20 4 OBWA $13.46 $1.71 OBWA N/A N/A EXAMPLE VS. CITY BASED ON 5/8 -INCH METER AND 5,000 GALLONS Water $18.95 $20.10 Sewer 21.90 20.15 TOTAL $40.85 $40.25 EXAMPLE VS. COUNTY Water $22.01 $25.16 Sewer 23.24 25.19 TOTAL EXAMPLE VS. OBWA Water $22.01 $15.00 Sewer N/A N/A TOTAL Preliminary based on equalization MHRJpW/R- S- Nptt1HAI #94120.MK RATE COMPARISONS $45.25 $50.35 $22.01 $15.00 21 1 1 1 1 1 1 1 1 1 1 MHR/pW/R- S- 4/preJHAI #94-120.MK 180.301 125.3401 189.423 84 -84 HEARINGS 22 Required 1 1 1 1 1 1 1 1 1 1 1 1 1 MHR/pU0/R- S- 4/preJHAI #94-120.MK CITY DECISIONS 1. VOTE TO PROCEED WITH AUTHORITY 2. HEARINGS ON TRANSFER 3. RATES 4. BONDS 5. CONTRACTS 23