Resolution 2008-354
RESOLUTION NO. 2008-3..5..L
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 3.00 PERCENT OF GROSS REVENUES
FOR NONEXEMPT PRIVATE WATER AND W ASTEW A TER 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
W ASTEW A TER 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 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 (AUTHORITY) and specific powers and duties; and
WHEREAS, Section 1-12 (E), Ordinance No. 96-6, as amended, provides for the
Board of County Commissioners (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 June 19, 2008, during the FY09 Budget Workshop, staff
recommended an adjustment of the regulatory assessment fee from 2.00 percent to 3.00
percent; and
WHEREAS, 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 private water and wastewater utilities under its jurisdiction to reflect
each change in regulatory assessment fees authorized by the BOARD.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Collier County, Florida that:
I. The regulatory assessment fee is hereby established at 3.00 percent,
effective March I, 2009, of gross revenues for all 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 increase in the regulatory assessment fee.
1"'1
This Resolution adopted this f (0 day of /)e'<:.E'fl\I3'E R , 2008 after motion, second,
and majority vote favoring adoption.
; )..
ATTEST: .~
DWIGHT E. BR~K, SIerk
BY:
Athst EW!~_
signature onlr
Approved as to fo d legal sufficiency:
By: It- 7.WQJ .
Steven Williams, S-rw
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER 0 TY, FLORIDA
,CHAIRMAN