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Resolution 2015-185 RESOLUTION NO.2015- 18 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 1-12(E), COLLIER COUNTY ORDINANCE NO. 96-6, AS AMENDED, ESTABLISHING THE REGULATORY ASSESSMENT FEE OF 2.00 PERCENT OF GROSS REVENUES FOR NONEXEMPT PRIVATELY OWNED WATER AND WASTEWATER UTILITIES SUBJECT TO THE REGULATORY ASSESSMENT FEE PURSUANT TO ORDINANCE 96-6, AS AMENDED, AS WELL AS ALL OTHER WATER AND WASTEWATER UTILITIES BOUND BY INTERLOCAL AGREEMENT FOR REGULATORY OVERSIGHT; DIRECTING THE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY TO ADJUST WATER AND/OR WASTEWATER RATES OF SAID UTILITIES, AS APPROPRIATE. WHEREAS, Resolution No. 96-104 excluded Collier County from the provisions of Chapter 367, Florida Statutes, thereby assuming certain subject matter jurisdiction over privately owned nonexempt water and wastewater utilities operating in unincorporated areas of Collier County; and WHEREAS, Ordinance No. 96-6, as amended, established the Collier County Water and Wastewater Authority (the "Authority") and its specific powers and duties; and WHEREAS, Section 1-12 (E), Ordinance No. 96-6, as amended, provides for the Board of County Commissioners (the "Board")to determine the amount of the regulatory assessment fee from time to time after public hearing, but not to become effective earlier than sixty(60) days after adoption of each such implementing Resolution; and WHEREAS, on May 13, 2015, staff recommended an adjustment of the regulatory assessment fee from 3.00 percent to 2.00 percent to the Authority; and the Authority unanimously recommended approval of the decrease in regulatory fee to the Board; and WHEREAS, the Board indicated its concurrence with the staff recommendation to adjust the fee; and WHEREAS, pursuant to Ordinance No. 96-6, as amended, only the Board may adjust regulatory assessment fees after a duly advertised public hearing; and WHEREAS, the Authority is authorized to adjust water and wastewater rate tariffs of nonexempt privately owned water and wastewater utilities under its jurisdiction to reflect each change in regulatory assessment fees authorized by the BOARD. 0 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County,Florida that: 1. The regulatory assessment fee is hereby established at 2.00 percent, effective December 1, 2015, of gross revenues for all non-exempt privately owned water and wastewater utilities subject to the regulatory assessment fee pursuant to Ordinance 96-6, as amended, as well as all other water and wastewater utilities bound by interlocal agreement for regulatory oversight. 2. The Collier County Water and Wastewater Authority shall adjust the water and wastewater tariffs of all utilities subject to the regulatory assessment fee to reflect the decrease in the regulatory assessment fee. This Resolution adopted this 22nd day of September, 2015 after motion, second, and majority vote favoring adoption. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY I �, • 4C • By: Wore TIM NANCE, CHAIRMAN Attest-as tnn signature only App . '`•.s to'fo d legality: By % ►:r/ .._ Scott R. Teach, Deputy County Attorney 2 0