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02-16-1988 VC SP1-M~ ~ _. MINUTES OF EMERGENCY SESSION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA HELD TUESDAY, FEBRUARY 16, 1988 Present: Tom Valente, Mayor V. A. Marks, M.D., Vice Mayor Judy M. Pierman, President Pro Tem Craig Mundt, Councilman Raymond J. Howland, Village Manager Herbert L. Gildan, Village Attorney Iblores R. Walker, Village Clerk Absent: Kenneth H. Mays, D.M.D., Councilman Mayor Valente called the Emergency Session to order at 7:46 p.m. ROLL CALL All members of the Council were present except Councilman Mays. All members of the staff were present. The reason for the Emergency Session is to discuss the PURPOSE OF possibility of the Village suYxnitting a bid for the purchase of EMERGENCY Seacoast Utilities, which bid must be at Kidder Peabody in SESSION Chicago, Illinois tomorrow. After discussion, Councilman Mundt moved that we offer to COUNCIL purchase Seacoast Utilities as presented by staff and Merrill OFFER Tb Lynch for abase purchase price of $44,718,000.00, with a future PURCHASE contingent amount of $42,471,000.00. Further, that the SEACOAST ' Statement on Public Interest made by Vice Mayor Marks at the UTILITIES Public Hearing (copy of which is attached to the minutes of this meeting) is also adopted as part of the factual determination of the Village Council to bid to purchase Seacoast Utilities. The motion was seconded by Vice Mayor Marks and passed unanimously. There being no further business to cane before the Council, the ADJOURNMENT meeting was adjourned at 8:12 p.m. Minutes recorded by: ~-~ ~/~C._ IJOlores R. Walker; CMC, Village Clerk 1 ~ ~ ~. a STATEMENT REGARDING PROPOSED PURCHASE OF SEACGAST UTILITIES BY THE VILLAGE OF NORTH PALM BEACH, FLORIDA Pursuant to Chapter 180.301, Fla. Stat., the Village of North Palm Beach prepares the following statement showing that the purchase of Seacoast Utilities, Division of the John D. and Catherine T. MacArthur FounBation, is in the public interest. • The Village's experience in water and sewer utility operation per se has not existed. However, the Village is familiar with the operation of Seacoast Utilities through review of rate hearings in the past and through careful review of the current utility operations. The Village further has long-term employees who are familiar with and have had substantial experience in water and sewer utility operation, including the Village Manager, the Director of Public Services, the Village Finance Director and the Village Attorney. Furthermore, the Village of North Palm Beach would intend to have the water and sewer utility operated by persons who are experienced in such utility operation, including present employees•of Seacoast Utilities. The Village of North Palm Beach has. the financial ability to provide the service in view of the existing rate base, including customers and Developers, as well as the structure of the acquisition of the Utility solely on the revenue generated by the Utility being sufficient to cover the costs of operating and maintaining the Utility, all general and administrative expenses attributable thereto, costs of renewal and replacement of Utility assets and cost of debt service to acquire the Utility. The financing concept has been reviewed by the Village Finance Department, by its financial advisors, Merrill, Lynch, Pearce, Fenner & Smith, and by M.B.I. A., a national bond insurance agency, who will only insure the Utility if, in their opinion, it has a sound financial basis. The Village of North Palm Beach would be the purchaser of the Utility. The Utility purchase is in the public interest of the citizens of the Village of North Palm Beach in that it assures the Village residents of continued quality water and sewer service since Seacoast Utilities, as a privately owned entity, provides all water and sewer service to the residents and property of the Village of North Palm Beach. The alternative to the purchase of Seacoast Utilities by the Village of North Palm Beach could result in its acquisi- . ,., tion by another municipality, which would have the power to impose automatic surcharges on consumers within the Village of North Palm Beach and thereby be contrary to the best interests of the Village. The financial impact on utility customers if the purchase is not made by the Village and is made by other municipalities could be substantially negative. The Village is satisfied that it is and will be able to provide and maintain high quality-and cost effective utility service should it acquire Seacoast Utilities. This Statement is made pursuant to Chapter 180.301, Fla. Stat., and it is intended to comply with the provisions thereof. i 7274G/de/clc/se