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Ordinance 76-71ORDINANCE NO. 7~'71 ..... An Ordinance relating to regulation of water and sewerage systems and bulk water utilities in Collier County, Florida; providing for d~ftnition of terms ueed in the ordinance; authorizing the Board of County Commissioners to prescribe classes and conditions of ser- vice, to set rates and charges for services, to adopt rules and regulations for administer- ing this ordinance, to grant franchises for water and sewerage systems, to prescribe con- ditions for such issuance, to evaluate property for rate purposes, to inspect utility property, to modify rates and charges, to invoke penalties and revoke franchises under certain conditions; requiring furnishing of service by such utili- ties; prohibiting rates and charges not approved as provided in this ordinance; providing exemp- tions and penalties; providing that this ordinance shall be applicable to all public utilities now or hereafter operating under a franchise granted by the Board of County Commissioners of Collier County; repealing laws in conflict; authorizing the County of Collier to expend public funds for a fire hydrant symtcm and providing for thm repayment by property owners of the cost thereof; providing an effective date. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. Definitions. As used in this ordinance, the following terms mean: (a) "Public water system" means any real p attachments, fixtures, impounded water, water mains, valves, meters, plants wells, p~ps, pipes, tanks, re~:~oi~, systems, treatment facilities, equipment, easements, oth~r real or personal property used in obca~n~nS, crc~ , plying and distribu~inZ wat.r co thc public for busln.~ trial or human cond~p~ion but shall no~ include: (1) property used solely or principally in the business of bottling, selling, distributing or furnish- ing bottled water or portable treatment facilities; (2) water systems utilized by manufacturing plants primarily for providing water for its manufacturing operations or for use by its employees on the premises; (3) public lodging establishments providing ser- vice solely in connection with their operations. (4) water systems owned or operated by a govern- mental agency or a legally created public water district. (b) "Public sewerage system" means any real estate, attachment, fixtures, treatment plants, pumping stations, inter- cepting sewers, pressure lines, mains, laterals, appurtenances, casements, rights or other real or personal property used in the collection, treatment, purification or disposal of sewerage and sewerage effluent and residue for the public but shall not include: (1) municipally owned or operated sewerage syst- ems; (2) sewerage systems for disposal of industrial waste for manufacturing plants; (3) public lodging establishment~ or restaurants providing service solely in connection with their operations. (4) sewerage systems owned or operated by legally created sewerage districts, (c) "Board" means the Board of County Commissioners of Collier County. (d) "Board of Health" means the Florida State Board of Health. (c) "Territory" means the area of Collier County outside the, corporate limits of any municipality. (f) "Person" means any natural person, firm, associa- tion, corporation, business trust, partnership, cooperative, limited dividend or mutual association or any other organization owning, leasing or operating any water or sewerage system or part thereof as defined in this law within the territory except those excluded in subsections (a) and (b) of ~his section. (g) "Public utility" means every person owning, leasing, constructing, operating or managing any water or sewerage system or both in thc territory for compensation received directly or indirectly but it shall not include those which are excepted under subsections (a) and (b) of this section. to: Sec:ion 2. Powers of the board. The board has the power (a) Prescribe fair and reasonable classifications of service, standards of quality and measurement for equipment used and service rules and regulations to be observed by every public utility, No classification, standard, rule or regulation shall be adopted until the board has held a public hearing on it. (b) Prescribe uniform ~ystems end classifications of accounts to be kept by public utilities and the books, papers and records to be maintained and the manner in which the books, records and papers shall be maintained. No action under this subsection shall be taken until the board has held a public hearing on it. (c) Require every public utility to charge a fair and reasonable sum as an operating expense annually for depreciation and to credit the sum so charged to a depreciation reserve which shall be charged with retirement of depreciable property from service, (d) Ascertain and fix the fair value of the whole or any part of the property of any public utility as is necessary to exercise the board's Jurisdiction. (e) Require public utilities to file annual reports of a uniform content-and form hs prescribed by the boar~.and..furnished .for .that purpose. The report~ shall:'apply uniformly to any class of public uttlit, ies.' SUch reports shall not be required until after a public h'earing by the board on the proposed form and content of the reports. (f) RcquirQ special reports respectipg any matter about which the board is authorized to inquire or to keep itself formed £or en£orcement o£ any of the provisions of this law or any rules and regulations madc pursuant to (g) Prescribe and collect reasons}lc char§es for the enforcement of this ordinance. Such charges shall be adopted after a public hearing by the board. (h) Employ and fix the compensation of examiners and technical, legal and clerical employees necessary to carry out this law. (i) Prescribe rules and regulations, reasonalby neces- sary and proper for administration and enforcement of this law. No rule or regulation shall be adopted until the board has held a public hearing on the proposed rule or regulation. (j) Enter on any property occupied by any public utili- ty at any reasonable timQ and to set up and use thereon all neces- sary equipment to make investigations, inspections, examinations and tests or of exercising any power under this law. The public utility has the right to reasonable notice of and to be repre- sented at the making of the investigations, inspections, examina- tions and tests. (k) The board may, after public hearing, expend public funds for thQ installation of a system of fire hydrants and supply pipes together with necessary accessories, ~o provide fire protec- tion in areas served by a water system, The cost ~f such an in- stallation shall be prorated to all properties in the area co be served whether improved or unimproved. Thc utility company shall bill each property owner for the proportionate share of the cos~ and reimburse the county for the public funds expended. After ninety (90) days from date of billing any unpaid costs become delinquent and shall be a lien upon the land in favor of the county which may be enforced as lien~ for other t~xes. Section 3. Each public utility shall furnish to each person within its franchised area applying therefor reasonably adequate efficient service in accordance with i~s franchise and the rules and regulations prescribed by the board, but no public utility is required to furnish water or sewer service for resale. If ~hc furnishing of service by a public utility requires the ex- tension of an addition to its existing facilities, the public utility may require the applicant to pay reasonable sums for service availability or reasonable deposits guaranteeing compen- satory revenues from the territory to be served or reasonalbe contributions in aid of construction to help defray the cost of the facilities which will be used and useful in furnishing the service or any combination thereof or reasonable construction or other advances evidenced by refundable or nonrefundable agree- ments as a condition precedent to furnishing service. All rates and char~es made, demanded or received by any public utility for any service rendered or to be rendered by it and each rule and regulation of the public utility shall be fair and reasonable. No public utility shall make or give any undue or unreasonalbe preference or advantage to any person or locality or subject them to any undue or unreasonable prejudice or disadvantage in any respect. Section 4. Franchises. (a) After the effective date of this ordinance no person shall build, install, maintain or operate any public water or public sewerage system in the territory unless the board has granted a franchise to the person or the person is exempt under this ordinance, (b) Ail franchises heretofore granted by this board or legally established before the effective data of this ordinance shall remain in force, subject to the right and power of the board to modify or revoke the franchises or rules and regulations thereunder. (c) The board may grant franchises to public utilities for any period of time not exceeding thirty (30) years. At any time before the expiration of an original franchise and on application of the franshise holder tho board may for any time not exceeding thrity (30) years. The commission may grant franchises to systems existing before the effective date or'this ordinance if they conform to the provisions of this ordinance. (d) Without limiting the right of the board and tie applicant to agree on any additional provisions, each franchise may provide: ~ for the inspection of books, records and account, perio~ically and that a charge therefor may be made against the franchise holder by the board. The charge shall not exceed five percent (5%) a year of the gross receipts of the franchise holder and shall be automa- tically a part of the rate and charge prorate to the customers of the public utility or bulk water utility: (2) terms and conditions necessary to protect the public health, safety, morals and general welfare; (3) whether the franchise is for a public water system or public sewerage system. The board may re- quire a franchise holder for a public water system or a public sewerage system Or both to provide installa- tions, pipes, lines, extensions, mains and laterals for both systems so that one system will not be extended without the other system being extended at the same time; (4) for a receiver to be appointed by the circuit court if the owner of the public utility or bulk water utility fails to operate it or violates the franchise agreement or this ordinance or the rules and regula- tions made pursuant to it; (5) the area to be served by the franchise holder. The franchise may be exclusive or non exclusive for the area; (6) that the system is approved by the board of health as to construction, design, operation, capacity, maintenance and expansion; (7) an agreement that the franchise has no mone- tary value if~e county or any other governmental agency seers to acquire the public utility by any lawful means; (8) an agreement that the issuance of the franchiea is not a bar to acquisition of the public utility by the county or any other governmental agency by lawful meane: (9) a compensation formula to be utilized to mine the purchase price for the eystem in the event that the board or any other governmental agency determines to purchase the system. (e) A franchis~ holder assumes the responsibility of serving the entire area covered by the franchise upon acceptance of the franchise. Section 5. Application for franchise. (a) Before any franchise ie granted, the board shall be satisfied that: (1) the application is made in good faith; (2) the applicant has the means to build, install and operate the proposed utility; (3) the applicant has sufficient resources to aerve the area for which an application is made; (4) the proposed system is sufficiently large to serve the area for which the franchise is sought. (b) The board may prescribe a form of application for franchises. The board may require an applicant to file a certified copy of its certificate of incorporation, if any, a certified financial statement, an inventory or capital assets and such other data as may be required so that the board can determine whether or not the applicant is qualified under this ordinance. The board may require the applicant to post a bond, satisfactory in form and ~ureties to the board, to guarantee compliance with any conditions imposed by the board for issuance of a franchise. (c) The board may grant preliminary approval for a franchise upon such conditions as it deems proper and after re- quiring such data as it deems necessary. Before final approval the applicant shall file with the board a plan showing the layout of the proposed system, including the source of water, method of treatment of water an method and means of disposing of sewerage affluents or either of these. The applicant shall file with the board copies of the construction plans for the system and after completion, a set of the as-built drawings. All plans mentioned in this paragraph must be approved by the board of health before the franchise is granted. (d) The board shall hold the public hearing on the application before any exclusive franchise for an area is granted. Notice of the hearing, the name of the applicant, the area to be included in the franchise, the proposed rate and hookup charges, the period for which the franchise is requested and the time and place of the hearing shall be published in a newspaper once a week for two (2) weeks consecutively before the date of the hearing. The board may alter or reject any of the itQms set out in the notice without publishing a new notice. (e) The applicant shall pay the board an application fee of one hundred dollars ($100.00) with the initial application or with each application for an extension of the franchised area. The fee shall not be refunded. (f) 'The board may waive any requirement of this section when the applicant already holds a franchise under this ordinance or otherwise and when the pending application is for an extension of tho existing franchise. (g) The application shall be executed by the person who will be the franchi~e holder. (h) The board may prescribe a reasonable time within which tho authority granted in a franchise shall be exercised. If the service authorized by the franchise is not provided within the time prescribed, the franchise shall be automatically cancelled but the board may extend the time for good cause shown if applica- tion therefor is made before expiration of the time prescribed in the franchise. In such event the board may impose such conditions as it deems proper to assure the provision of adequate service at reasonable rates. Section 6. Rates and charges. (a) Ail rates and charges of every public utility in effect on the effective date of this ordinance and which have been approved by the board shall be the lawful rates and charges of the utility. All the rates and charges shall continue in effect as lawful rates and charges until changed by the board as provided in this ordinance. Any rates being collected by public utilities before the effective date of this ordinance which have not been approved by the board shall be filed with the board within ninety (90) days after the effective date of this ordinance on a form prescribed by the board. As soon aa possible after tho filing of the schedule, the board shall hold a public hearing to set the rates and charges of any public utility whose rathe and charges have not been approved heretofore by the board. (b) Before a franchise is granted, a schedule of rates and charges for the public utility shall be filed with the board for its approval. A public hearing on the rates and charges shall be held by the board. The public hearing on rates and charges may be combined with that for granting a franchise. (c) A public utility shall not charge or receive, directly or indirectly, any rate or charge not on file with the board for the particular class of service involved. No change shall be made in any schedule without the approval of the board. (d) All applications for changes in rates and charges shall be made to the board in writing under rules and regulations prescribed by the board. (e) On its own motion or a written complaint signed by the complainant the board may investigate to determine if the rates charged or collected by any public utility, or if the rules, regulations or practices affecting the rates are unjust, un- reasonable, discriminatory or non compensatory, or are in violation of this ordinance or the franchise or the rules and regulations made under the ordinance. If any change appears proper, the beard shall hold a public hearing to determine Just and reasonable rates to be thereafter charged for such service. (f) Notice of the public hearing shall be published one (1) time in a newspaper at least ten (10) days before the hearing. Notice of the hearing and of the complaint and matters to be con- sidered at the hearing shall be given to th~ public utility or bulk water utility and to the complainant, if any, at least twenty (20) days before the date of the hearing. (g) The board has the duty and authority to determine and fix reasonable rates and charges that may be charged by any public utility for its services. The board shall determine and investigate the actual original cost of the property of each public utility actually used and useful in public service and shall keep a current record of the net investment of each utility in such property. The value as so determined by the board shall be used for rate making purposes, less accrued depreciation an4 shall not include any contributions in aid of construction or any good will or going-concern value. The board shall fix and determine a rate which allows for reimbursement of operating costs and a fair and reasonable net return on the original cost of a system to the person first dedicating it to the public service, which shall not include contributions in aid of construction or customer contribu- tions. Any franchise holder may apply in writing at any regular meeting of the board for a change in its rates and charges, rules and regulations or conditions of service. The application shall specify the changes re- quested. The board shall hold a public hearing on the applica- tion within one hundred twenty (120) days after it is filed. A notice of th~ hearin~ containing the name of the sppllcant and the general nature o[ the proposed change shall be published in a newspaper once a week for two (2) weeks consecutively before the date of the hearing. Before the hearing, the board may quire the applicant to furnish such data or other information as is reasonably necessary for a determination of the application. After the hearing, the board may approve, modify or reject the application based on the criteria prescribed herein. (h) If any franchise holder requires a deposit from its customers, it shall pay the legal rate of interest to the customer on the amount of deposit. The franchise holder may credit the customer's bill annually with the amount of interest or pay it when the customer discontinues the franchise holder's services, in which event the interest shall not be accumulated for a longer period then five (5) years. Any deposits made a franchise holder are trust funds. (i) The provisions of this section shalI be applicable to all public utilities which have been granted a franchise by the board. Section 7. Penalties. (a) Any person building, inotalling, or operating a public water system, public sewerage system without a franchise issued by the board is guilty of a misdemeanor which may be pun- ished as provided by law. Each day of such operation constitutes a separate offense. (b) When the board finds the rates, charges or classi- fications or any of them charged or served by any public utility for any service or the rules, regulations, measurements, practices or contracts or any of them are unjust, unreasonable, insufficient, discriminatory or preferential or in violation of this ordinance or the franchise or the rules and regulations made pursuant to this ordinance or any services are inadequate or cannot be obtained, tbs board may determine and by order fix the fair and reasonable rates and charges or classifications in the manner prescribed by this ordinance and the reasonable rules, regulations, measurements, practices, contract or services to be imposed, observed, furnished or followed in the future. The board may require repairs, improvements, additions and exten- miens to the plant and equ£pment of any public utility reasonably necessary to promote the convenience and welfare of the public served thereby and secure adequate service or facilities for those reasonably entitled thereto except as provided in section 3 of this ordinance. The board may provide for the examination and testing of all appliances used.for measuring any product or service of a public utility. Any consumer or user may have such appliance tested upon payment of a fee fixed by the board. The board may purchase materials, equipment and standard measuring instruments for such examinations and tests. This subsection may be enforced by injunction. (c) For any violation of a franchise or of this ordinance or of any rule or regulation made pursuant to this ordinance, the board may assess an administrative penalty not exceeding five hundred dollars, ($500.00) which shall be collected in a civil action in a court of competent Jurisdiction. Section 8. Revocation. (a) The board may revoke any franchise for the following reasons= (1) Willful refusal to comply with any lawful order of the board entered after a public hearing; (2) Willful charging or collecting of any rate or charge not approved by the board1 (3) Willful and continued violation of the rules and regulations of the board; (4) Willful failurQ to file reports required under this law. (b) No franchise shall be revoked until the board has held a public hearing for that purpose. Notice of the public hearing shall be given to the franchisQ holder at least twenty (20) days before the date of the hearing. Notice shall be in writing and shall specify the grounds on which revocation is sought stating the facts on which such grounds for revocation ara based with such particularity as to inform the franchise holder of the nature of the complaint made against it. If the board determines that the complaint against the franchise holder has been established, the franchise may be revoked or any other order provided for in this ordinance may be entered by the board. Section 9. Appeals. Any person aggrieved by any order, resolution or action-of the board may have it reviewed by the circuit court on petition for certiorari. Section 10. Severability. Invalidity of any rule or regulation adopted he~eunder d0e~ not invalidate or affect any other rule or regulation similarly adopted. The invalidity of any part of this ordinance does not affect the validity of any other part of it. Section 11. Effective Date and Waiver of Notice. 1. The Board of County Commissioners hereby waives notice requirements by a four-fifths (4/$) vo~c declaring that an emergency ex[nfs necessitating tho immediate enactment of this Ordinance. The Clerk to the Board ~h811 file a certified copy of thi. OrdJl,ance with tho Department of State as soon after its enactment as is practicable by certified, special delivery mall. 2. This Ordinance shall become effective upon being accepted by the Postal authority for delivery by certified mail to the Department of StatQ. ENACTED BY Tile BOARD OF COUNTY COmmISSIONERS OF COLLIER COUNTY, FLORIDA, this 21st day of December, 1976. ATTEST: BOARD OF COUNTY COMMISSIONERS Byt_ Cli~d Wenzel t ' ,~,, ~ ~ /,~& Ch~l~nan ~ . ." ~,,, '., ~. ,.~, .', Appr~ legal sufficiency~ Donald~ f. Pl~%orth Collier County Attorney This ordinance filed with the Secretary of StaCe'a office the 23rd day of December, 1976 and acknowledgment of tha~ f~ling received this 28th day of December, 1976.