§ 134-353. Collier County Water and Wastewater Authority; powers and duties.

(a)

The Collier County Water and Wastewater Authority (the "authority") is hereby established. Authority hall have the final decision on all issues authorized by this article unless it is clear that such final decision resides with the board. The authority, upon request or upon its own motion, has the following powers and duties pursuant to ordinance:

(1)

To issue a preliminary order to issue (grant), issue with modifications and/or additional conditions as modified, or deny a franchise certificate;

(2)

To issue a preliminary order to revoke a franchise certificate;

(3)

To issue a preliminary order to amend the county's annual franchise fee;

(4)

To issue a preliminary order to authorize the transfer of a franchise certificate;

(5)

To issue a preliminary order to institute litigation;

(6)

To issue a final order to fix rates that are just, reasonable, compensatory, and not unfairly discriminatory;

(7)

To issue a final order approving, modifying, or denying any tariff, or other rule or regulation proposed to be established by or on behalf of an applicant or utility;

(8)

To by final order establish and from time-to-time amend a uniform system and classification of accounts for all regulated utilities which, among other things, shall establish adequate, fair and reasonable depreciation rates and charges;

(9)

By final order to require regular or emergency reports from a utility, including, but not limited to, financial reports, as the authority deems necessary. If the authority finds a financial report to be incomplete, incorrect, or inconsistent with the uniform system and classification of accounts, the authority may require a new report or supplemental report, either of which the authority may for good cause require to be certified by an independent certified public account licensed under Florida Statute;

(10)

To issue a final order to compel repairs, improvements, additions, and/or extensions to any utility's facility, and/or to require the construction of a new facility if deemed reasonably necessary to provide adequate and proper service to any person entitled to such service, or if reasonably necessary to provide any prescribed quality of service; except that no utility shall be required either to extend its utility service outside the service territory described in its franchise certificate, or to make additions to its plant or equipment to serve outside such service territory unless the authority first finds that the utility is financially able to make such additional investment without impairing its capacity to serve its then existing customers and other future customers who have vested rights to the respective utility service;

(11)

To issue a final order to compel interconnections of service or facilities between utilities, and to approve any plant capacity charges, or wholesale service charges, or rates related to either, provided the authority first finds that the utility is financially able to make such additional investment without impairing its ability or capacity to serve its existing customers and future customers who have a vested right to such utility service;

(12)

In matters that are not covered by provisions that require preliminary orders, to make recommendations to the board by executive summary regarding any matter pertaining to the regulation of utilities deemed by the authority to be necessary or convenient to carry out this article or rule of the board;

(13)

With respect to the conduct of its hearings pursuant to this article:

a.

To adopt rules for the conduct of its hearings; and

b.

To take testimony under oath;

(14)

To issue a final order to require the filing of reports and/or other information and data by a utility and/or its affiliated companies, including its parent company regarding transactions or allocations of common costs among the utility and such affiliated companies; the authority may also require such reports or other data necessary to ensure that the utility's rate payers do not subsidize non-utility activities;

(15)

To request that the board or county administrator provide hearing examiners and/or consulting services and/or other personnel, or departments of the county government to perform work, including compiling factual data and/or information reasonably required by the authority or the board for the proper performance of duties or functions under this article;

(16)

To enter on any property used by any utility at any reasonable time, and to set up and use thereon all necessary equipment to make investigations, inspections, examinations and/or tests for the exercising of any power under this article after reasonable attempts to give notice of same to the utility; the utility has the right to be represented at the making of such investigations, inspections, examinations and/or tests;

(17)

To hold any person who, or utility which, fails to obey any legal order, mandate, decree or instruction issued by the authority or hearing examiner during any proceeding by the authority, in contempt of the authority; each day of violation of any legal order, mandate, decree or instruction issued by the authority may be deemed to constitute a separate act of contempt.

(18)

Subject to prior approval of the board on a case-by-case basis upon executive summary request from the authority, the authority may take actions, including, seeking injunctive relief, to effectuate any provision of this article;

(19)

To otherwise do all things necessary or convenient to the full and complete exercise of its jurisdiction and/or duties under this article except issue final orders in matters where the final decisions thereof have, by this article, been reserved to the board.

(b)

Executive director of the authority. The board shall employ an executive director of the authority. The executive director may be a full-time or part-time employee of the county and shall be responsible for all administrative matters relating to the authority. The executive director has final decision on many matters as specified in this article and/or rules of the board. The authority may delegate additional powers to the executive director by adoption of rules of the authority provided such delegation does not violate this article and/or rule of the board.

(c)

The executive director or his/her designee may enter on any property used by any utility at any reasonable time, and to set up and use thereon all necessary equipment to make investigations, inspections, examinations and/or tests for the exercising of any power under this article after reasonable attempts to give notice to the utility; the utility has the right to be represented at the making of such investigations, inspections, examinations and/or tests.

(d)

Forms. The authority, without further approval by the board, may prescribe and amend forms for use by utilities in compliance with any provision of this article or rule of the board.

(e)

Members of the authority. The authority shall consist of five members appointed by the board. Three members shall be technical members, and two members shall be lay members. Applicants who are customers of a regulated utility shall be preferred. The board, collectively, shall appoint all members. More than one member may be appointed from the same area of expertise. No board member has any individual power of appointment.

(1)

Each technical member shall be appointed based on individual expertise in one or more of the following areas:

a.

Engineering: with experience in water and sewer systems;

b.

Executive experience in finance, accounting, rate-making, and/or utility regulation; or

c.

Business administration.

(2)

The lay members shall be appointed on the basis of individual civic pride and integrity. Although applicants for a lay member's seat need not have experience in any area of relevant utility service and management, rate making, utility regulation, or other endeavors, lay members may be appointed from the same areas of expertise as technical members.

(3)

No member of the authority shall, directly or indirectly, be employed by, be connected with, or have any financial interest in, or serve as an agent or representative of, any utility then regulated by this article. Members of the authority shall be subject to financial disclosure as required by Florida Statutes, currently section 112.3145. A member of the authority may not serve more than eight consecutive years except if an individual is appointed initially to less than a four-year term that individual may serve two full four-year terms in addition to the initial term, for a maximum continuous term of up to 11 years. Members shall hold office until their successors have been duly qualified and appointed. No member shall accept any gratuity or other compensation of any kind from a utility, any utility employee, agent, or other representative. The board may appoint an alternate member of the authority who will take his/her voting seat only during times of absence of a regular member of the authority.

(4)

Members of the authority shall be reimbursed for their necessary expenses incurred in the performance of their official duties, as shall be determined and approved by the county administrator.

(5)

The initial term of office shall be one year for one member, two years for one member, three years for two members, and four years for the remaining member, with appointments or reappointments thereafter, whenever possible, to be for a term of four years for each member. The commission shall determine which members shall be appointed for which year terms. Before entering upon the duties of office, each member shall file written acceptance of that appointment and take and subscribe to a written oath of office, which shall be filed in the office of the clerk to the board.

(6)

A member of the authority may be removed from office with or without cause by a vote of three or more members of the board. Whenever a member of the authority shall fail to attend three consecutive meetings without having been excused by the chairman of the authority, the authority chairman shall promptly certify in writing such absences to the board. Upon such certification the defaulting member may be removed by the board, if removed, the board shall fill that vacancy by further appointment to that seat.

(7)

The members of the authority shall select a chairman, a vice-chairman, and such other officer(s) as deemed desirable by the authority. Each officer should generally be appointed to a term of at least one year. Each officer may be reappointed to his/her same office, but no member shall serve in the same office for more than three consecutive years and no member may be appointed to an office that extends beyond his/her then remaining appointment to the authority by the board.

(f)

Minutes of each authority meeting shall be kept and prepared under the general supervision and direction of the clerk or designee of the clerk to the board. Such minutes shall be kept on file by the authority.

(g)

The authority shall meet as often as necessary, but generally not less often than once each month, to discharge its duties pursuant to this article. Three members present constitute a quorum. The affirmative vote of three members is required to take any action except to cancel or continue a meeting that has no quorum.

(h)

Subject to the county's budget, the county administrator will provide clerical and public record recording assistance to the authority.

(Ord. No. 96-6, § 1-3, 2-27-96; Ord. No. 97-31, § 1, 7-22-97; Ord. No. 97-40, § 1, 8-26-97)