§ 134-352. Definitions.

For the purposes of this article the flowing terms, phrases, words, and their derivations shall have the meaning specified herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The word "may" is directory.

Authority means the Collier County Water and Wastewater Authority.

Board means the Board of County Commissioners of Collier County, Florida.

Clerk of the board means the clerk of the circuit court serving as clerk and accountant to the board.

Bulk water utility means any person or business entity of any kind whatsoever, lessee, trustee or receiver, owning, operating, managing, or controlling a system or proposing construction of a system to provide untreated or treated water to a utility, bulk user, or distributor of water for compensation.

Combined notice means a notice of any hearing before the board which is combined with a notice of hearing before the authority.

Contribution-in-aid-of-construction; CIAC means any amount or [of] money, services, and/or property, or any combination thereof, directly or indirectly received by a utility at no cost to the utility or which have value in excess of the consideration given by the utility for same, the excess of which represents a gift, donation, or contribution to the capital of the utility and is used or planned to be used to offset the acquisition, improvement and/or construction costs of the utility's property, facilities, or equipment used to provide services to the customers of the utility. The term CIAC includes payments to the utility such as system capacity charges, main extension charges, plant expansion fees, customer connections charges, and other similar monetary payments to the utility.

Corporate undertaking means the unqualified guarantee of a utility to pay a refund, with or without interest, may be required by the board.

County means Collier County, a political subdivision of the State of Florida. "County" may include the board and the authority unless the context clearly indicates otherwise.

Days means consecutive calendar days.

FPSC means the Florida Public Service Commission.

Franchise certificate (or "franchise") refers to a privilege granted by the board to authorize a utility to provide utility service within the boundaries of a specified geographic area or areas pursuant to this article.

Governmental agency. This is road and inclusive definition that includes the Government of the United States, the State of Florida, and all districts, units, commissions, authorities, councils, committees, departments, divisions, bureaus, boards, sections, or other unit or subdivision or either or both of them, including the Florida Public Service Commission.

Gross receipts means all revenues received by the franchisee including miscellaneous revenues, excluding the following: interest earned on invested funds, proceeds from resales at wholesale to other franchisees of the county that will pay the county fees on the retail sales of such down-stream utility service; capacity fees; and connection fees.

Invested cost means the actual legitimate original cost of property in the public service honestly and prudently incurred by the person first dedicating it to the public service, including any cost adjustments approved by the authority, reduced by all contributions-in-aid-of construction and all other contributed assets that have not been adjusted for used and useful.

Official date of filing means the date specified by the authority or its designee pursuant to this article which certifies that the utility has filed with the county complete minimum filing requirements established by this article and/or rule of the board of the authority for the respective application or proceeding.

Orders means:

(1)

Orders of the board. The board may issue such orders as it deems proper.

(2)

Orders of the authority :

a.

Final order means any order of the authority that is a final decision on the issue. The final order may be on matters of procedure and/or decisions on the merits of the matter.

b.

Preliminary order. Each preliminary order of the authority is a recommendation to the board requesting that the board render its decision on matters over which the board has the final authority. Those decisions include: issuance or denial of franchise certificates pursuant to section 134-354 herein; to execute franchise agreements with new utilities; to approve or deny transfers of franchise certificates pursuant to section 134-369 herein; to revoke a franchise certificate pursuant to section 134-375 herein, or to authorize the authority to institute litigation pursuant to section 134-353 herein. Such preliminary orders of the authority are subject to such decisions thereon as the board may determine proper, including remand by the board back to the authority and/or to a hearing examiner.

(3)

Orders of hearing examiners. Hearing examiners may issues such orders as appropriate in the proceedings. Procedural orders of the hearing examiner are not appealable to the authority. The hearing examiner will usually issue recommended orders to the authority for decision thereon by the authority. Such decisions of the authority shall be final unless the final decision authority thereon has been specifically retained by the board pursuant to this article.

Party means any person or group of persons having an identifiable interest in the respective proceeding, including any individual customer of the affected applicant or utility.

Person means any individual, corporation, authorized representative of any governmental agency, any estate, trust, partnership, association, fiduciary, and/or all other groups or combinations thereof, or any other entity.

Presiding officer means presiding officer means the individual chairperson presiding over the respective matter, case or proceeding, meeting or hearing, to wit: the chairman of the board of county commissioners, the chairman of the authority; or the hearing officer regarding matters then being considered by the hearing examiner. Presiding officer includes substitutes for each of the above at such times that the primary presiding offices cannot preside or otherwise handle the issue in a timely fashion.

Rule of the board means a rule approved by the board pursuant to this article or by resolution adopted pursuant to this article. Rules of the board may be not be amended, or repealed without one public hearing thereon by the board. "Rule" always includes the plural "rules," unless the context indicates to the contrary.

Service means the readiness and ability on the part of a utility to furnish and maintain water and/or sewer service to the point of delivery for each lot and/or tract, or pursuant to applicable rules and/or regulations of any applicable governmental agency having jurisdiction.

Submetering means the not-for-profit resale of water and/or sewer service by a master metered customer of a franchisee to individual customers served through that master meter and which customers occupy residential or commercial units on property owned or otherwise lawfully controlled by the master metered customer.

System means utility facilities and property used and useful in providing utility service, and upon a finding by the board may include a combination of functionally related facilities and property that are physically connected by lines or other utility facilities.

Territory means the geographical service area described as such in a utility's franchise certificate. Territory may be referred to herein and in rules as "service area," "service areas," or "certificated area."

Test year means the 12-month period commencing no more than 18-months prior to the official date of filing of an application. The data presented in any statement concerning a test year shall be limited to actual income and expenses, without adjustment or alteration, as determined on an accrual basis during the subject time period.

Utility means any person or business entity, lessee, trustee and/or receiver, owning, operating, managing, or controlling a system, or proposing construction of a system, who or which is providing or proposes to provide potable water and/or non-potable water, or bulk water, and/or sewer service, or any combination thereof, within any unincorporated area of the county to the public for compensation, but excluding only the following:

(1)

Property used solely or principally in the business of bottling, selling, distributing or furnishing bottled water or portable treatment facilities; or

(2)

Systems owned, operated, managed, or controlled by a governmental agency; or

(3)

Manufacturers providing such utility service solely in connection with their own manufacturing operations; or

(4)

Each public lodging establishment providing such utility service solely in connection with lodging service to its guests; or

(5)

Each landlord or homeowners' association providing utility service to their own tenants or unit owners without specific compensation for any such utility service; or

(6)

Each water system and/or sewer system which has a rated capacity (at maximum day system peak) of less than 2,000 gallons per day per utility service; or

(7)

Any utility which derives less than 50 percent of its revenues from unincorporated areas of the county with the balance derived from the incorporated area any utility which derives 50 percent or more of its revenues from the unincorporated areas of the county shall be subject to the provisions of this article as they relate to only the rates, fees, and charges charged by the utility in its unincorporated area(s); or

(8)

Any utility system that is then serving less than 100 customers with water and/or sewer service. For the purpose of this subparagraph, a "customer" is not each individual served. Each residence, apartment unit, condominium unit, office or other unit of a building or structure, each mobile home, each recreational vehicle, etc., is one customer. A duplex is two customers; a triplex is three customers, etc.

(9)

Systems solely for tenants or occupants of: governmental buildings, religious, educational or cultural institutions or facilities, or for recreational, scientific or institutional facilities.

(10)

Systems not owned by a franchisee that are downline from the franchisee's master meter and are operated and submetered by a master metered customer of the franchisee for resale to individual residential or commercial consumers occupying property owned or otherwise lawfully controlled by that master metered customer.

Wastewater means "sewage," or "sewerage," means a combination of the liquid and water-carried pollutants from a residence, commercial building, industrial plant, or institution, together with any groundwater, surface runoff, or leachate that may be present.

Wastewater system or sewer, sewer system, or sewerage system means any and all plant, system, facility or property, and additions, extensions and improvements thereto at any future time constructed to acquire as part thereof, useful or necessary or then having capacity for future use in connection with the collection, treatment, purification and disposal of sewage of any nature, originating from any source, and without limiting the generality of the foregoing, includes treatment plants, pumping stations, lift stations, valves, force mains, intercepting sewers, laterals, pressure lines, mains, and all necessary appurtenances and equipment; also includes all wastewater mains and laterals for the reception and collection of sewage from premises connected therewith; also includes all real and personal property and any interest therein, rights, easements, and franchises of any nature relating to any such system and necessary or convenient for the operation thereof.

Water system means any and all plant, system, facility or property, and additions, extensions and improvements thereto at then future times, constructed or acquired as part thereof, useful or necessary or having the then present capacity for future use in connection with the development of sources, treatment or purification and distribution of water, and, without limiting the generality of the foregoing, includes dams, reservoirs, stoke tanks, lines, valves, pumping stations, laterals and pipes for the purpose of carrying water to the premises connected with such system; also includes all real and personal property and any interest or rights therein, easements, and franchises of any nature whatsoever relating to any such system and necessary or convenient for the operation thereof.

(Ord. No. 96-6, § 1-2, 2-27-96)