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~- ·