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03-30-87 Item V - Notice of Public Hearing- to consider acquisition of a wastewater utility AGENDA 3-30-87 ITEM V THOMAS R. ISON TELEPHONE 656-2322 Ocoee MAYOR•COMMISSIONER • CITY OF OCOEE �� o COMMISSIONERS 150 N.LAKESHORE DRIVE RUSTY JOHNSON OCOEE,FLORIDA 32761 fM1f'O. GOOD LESTER DABBS, JR. , JOHN BATEMAN a VARD J. HAGER § toleNopfe _ Z °j�FN„er�+•rY CITY MANAGER OCOEE TEDDY C. RYAN, JR. A BICENTENNIAL COMMUNITY MEMORANDUM TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS FROM: TED RYAN, CITY MANAGER1 / DATE: MARCH 27, 1987 SUBJECT: NOTICE OF PUBLIC HEARING ISSUE Should the Honorable Mayor and Board of City Commissioners approve the advertisement of Notices of Public Hearing to consider acquisition of a wastewater utility( s) ? BACKGROUND The Honorable Mayor and Board of City Commissioners at their meeting of March 03, 1987 authorized the City Staff in conjunction with special legal counsel, Andrew Thomas, to proceed with the process of acquisition for Prima Vista Utility Company, Inc. , and M & M Utilities. DISCUSSION Section 180. 301 of the Florida Statutes requires a detailed process to be conducted prior to, or in conjunction with, the acquisition of a public utility. This requirement has been determined to be a necessary procedure regardless of whether the acquisition is to be accomplished by negotiation/purchase, or by the exercise of the right of eminent domain ( condemnation) . A Notice of Public Hearing will give a public announcement of the City' s intent to acquire the above two ( 2 ) mentioned utilities, and will pro- vide an opportunity for public input . RECOMMENDATION It is respectively recommended that the Honorable Mayor and Board of City Commissioners approve the advertisement and Notice of Public Hear- ing to consider acquisition of the Prima Vista Utility Company, Inc.,, wastewater system, and a similar notice for M & M Utilities. TCR:blm "CENTER OF GOOD LIVING—THE PRIDE OF WEST ORANGE" p NOTICE OF PUBLIC HEARING TO CONSIDER ACQUISITION OF A WASTEWA'TT;H UTILITY NOTICE IS HEREBY GIVEN that the City Commission of the City of Ocoee will hold a public hearing on MAY 5, 1987 1987 at 125 N. LAIC SHORE DRIVE, OCOEE, FLORIDA commencing at 7:30 p.m P.M., to consider the purchase of Prima Vista Utilities, Inc. ["the Utility"J or the sewer system assets thereof. This hearing is to be conducted for the purposes specified in Section 180.301, Florida Statutes, to determine whether the acquisition would be-in the public interest. The City proposes to consider the following matters, as well as such other matters related to the acquisition as may come before it: (1) The most recent available income and expense statement for the Utility; (2) The most recent available balance sheet for the Utility, listing assets and liabilities and clearly showing the amount of contributions-in-aid-of- construction and the accumulated depreciation thereon; (3) A statement of the existing rate base of the Utility for regulatory purposes; (4) The physical condition of the Utility facilities to be acquired; (5) The reasonableness of the sales price and the terms thereof, if any is proposed; (6) The impacts of acquisition, both positive and negative, on customers of the Utility; (7) Any additional investment required and the ability and willingness of the City to make that investment; (8) The alternatives to acquisition and the potential impact on customers of the Utility if the acquisition is not made; and (9) The ability of the City to provide and maintain high-quality and cost- effective utility service. All persons having information relating to the acquisition of the Utility shall have an opportunity to present evidence and argument (orally or in writing) and to inform the City Commission of their contentions.