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Ordinance 82-071 ORDINANC~ NO. 82- 71 AN ORDINANCE ESTABLISHING FEES AND CIIARGES FOR UTILITY RATE REVIEWS, APPLICATIONS FOR FRANCIIISE AGREEMENTS, AMENDMENTS AND/OR MODIFICATIONS TO EXISTING FRANCHISE AGREEMENTS, AND FRANCHISE ADMINISTRATION AND SUPERVISION; SETTING FORTH A FEE SCHEDULE! PROVIDING FOR ANNUAL REVIEW AND APPROVAL OF FEES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, to assure the economic well-being of the public being provided water and/or sewer services by privately owned water and/or sewer utility systems, utility rate reviews,' and administration and supervision of franchise agreements are necessary, and; WHEREAS, adequate funds and revenue sources are necessary for proper staff reviews, public hearings, services of administration and supervision of rate reviews and franch~e agreements, etc. NOW, THEREFORE, BE IT ORDAINED, by the Board or, County Commissioners of Collier County, Florida; SECTION 1. ANNUAL FEE FOR UTILITIES DIVISION ADMINIST.~TION~ND SUPERVISION Every privately owned public utility company providing water and/or sewer services to customers residing in the unincorporated areas of Collier County, whether pursuant to franchise or otherwise, shall make an annual payment to Collier County, which payment is to be made to the Collier County Utility Division, in the amount of two percent (2%) of the Utility's gross water and/or sewer revenues. The gross revenues for the current year shall be used in determining the amount of such fee. This fee shall be paid in four (4) installments, within fifteen (15) days of the end of each quarter of the Utility's current fiscal year. At such time the Utility shall file with the Collier County Utility Division an unaudited statement of gross receipts for that quarter. This fee shall be used to offset the cost of utility rate reviews and review of.applica~ig~~ franchise agreements or amendments and modificat~ons .%0 existing franchise agreements, and to offset the cost of administration and supervision of such. agreements. /~ ~ l!~ ~: j~' 015 SECTION 2. ADJUSTMENTS AND FINAL PAYMENT OF ANNUAL FEE The total ~mount of the annual fee shall be determined based on the gross receipts for water and/or sewar revenues as established in the audited annual financial report. This report shall be submitted to the County Utility Division within one hundred and twenty (120) days after the end of the Utility's fiscal year. Any adjustments in the total fee due for the year being reported shall be paid with the submission of the annual report. Where the annual report shows that overpayments have been made by the Utility, a credit for the amount of the overpayment shall be issued by the Utilities Division. SECTION 3. ADDITIONAL FEES FOR RATE REVI~S, FRANCHISE AGREEMENT SUPERVISION AND ADMINISTRATION. In addition to the fee established in SECTION I hereof every privately owned public utility company providing water and/or sewer service requesting rate reviews, applying for franchise agreements, requesting extension of franchise areas, or requesting franchise agreement modification, shall pay to the Collier County Utility Division the following fees based on numbers of equivalent dwelling units served by the Utility~ 0 to 200 equivalent dwelling units $ 500.00 201 to 500 equivalent dwelling units $ 750.00 501 to 750 equivalent dwelling units $1,500.00 751 to 1,000 equivalent dwelling units $2,500.00 1,001 equivalent dwelling units and over $2,500.00 plus $5.00 per each additional equiva- lent dwelling unit over 1,000 SECTION 4. ADDITIONAL FILING FEES In the event that the. costs incurred in processing the application, as set forth in Section 3 of this Ordinance, exceed the fees established, the Utilities Division shall collect these additional costs from the applicant prior to the Utilities Division presenting their findings and recommendations regarding thc application to the Board of County Commissioners. SECTION 5. CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION 6. EFFECTIVE DATE This Ordinance shall become effective upon receipt of notice .from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND ADOPTED by the Board of County Co~issioners of Collier County, Florida, at its regular meeting held on __ of AuKust , 1982. 10th day rk STATE. OF FLORIDA ) COUNTY OF COLLIER ) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,,, cP C. R. 'Ri~SS WIME~, Chairman Approved as to form ~Burt L. Saunders Collier County AttorneY- I, WILLIAM J. REAGAN, Clerk of Courts in and fo~ the,Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoinB is a true original of: ORDINANCE NO. 82-71 which was adopted by the Board of County Commissioners during ReEul&r Session August 10, 1~82. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florid{~,%',t~?. 10th day of August. , '..,~" ",/.h, ., ,'~: , Clerk ~f Dourt8. ~ ~lerk '. ~hls ordinance filed with the Secre- Ex o .... o~ to B~-d'~~ t ' ' ~[~' ~" ": ~ '..~m~ ' ary of State s Office the 17th da~ · . of that fllin~ received this 19th day .~'t,.'.,':..,:~'j:~~. ----- .t~- ·