§ 126-111. Definitions.

As used in this article, the following terms mean:

(1)

Acquisition Adjustment means the difference between the purchase price of a utility assets to an acquiring Person and the Net Book Value of the utility assets. A positive Acquisition Adjustment exists when the purchase price is greater than the Net Book Value. A negative Acquisition Adjustment exists when the purchase price is less than the Net Book Value.

(2)

Annual Financial Report means the annual financial information and other data prepared on such forms prescribed by the Board in accordance with the standards of the National Association of Regulatory Utility Commissioners.

(3)

Audited Financial Statement means the accountant's report, balance sheet, income statement, and such other financial statements and other information as required by the American Institute of Certified Public Accountants.

(4)

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

(5)

Contribution-in-aid-of-construction (CIAC) means any amount or item of money, services, or property received by a Utility, from any Person or governmental authority, any portion of which is provided at no cost to the Utility, which represents a donation or contribution to the capital of the Utility, and which is used to offset the acquisition, improvement, or costs of the Utility property, facilities, or equipment used to provide utility services.

(6)

Corporate Undertaking means the unqualified guarantee of a Franchisee to pay a refund and pay interest connected therewith which may be ordered by the Board at such time as the obligation becomes fixed and final.

(7)

County Staff means those Sarasota County Government personnel assigned to perform the Franchise regulatory functions as set forth in this article.

(8)

Equivalent Dwelling Unit (EDU) means the utilization of a building's space in such a manner as to have the potential usage of gallons as determined by Sarasota County resolution.

(9)

Franchise Agreement or Franchise means the authorization granted by the Board to a Public Utility for the operation of a Public Water System or a Public Wastewater System in unincorporated Sarasota County.

(10)

Franchisee means the Person granted a Franchise.

(11)

Gross Receipts means all revenues, including miscellaneous revenues, but excluding capacity fees and connection fees, interest and other amounts earned on invested funds, and proceeds from resale to other Franchisees.

(12)

Hearing Examiner means an individual appointed by the Board to conduct hearings authorized under this article or other Sarasota County ordinances pertaining to Public Utilities.

(13)

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 public service, including any cost adjustments approved by the Board, reduced by any contributed assets and all other contributions in aid of construction, collected to date but not adjusted for used and useful.

(14)

NARUC means the National Association of Regulatory Utility Commissioners.

(15)

Net Book Value means the Invested Cost adjusted by accumulated depreciation of the utility property and accumulated amortization of CIAC.

(16)

Nonprofit Corporation means any corporation defined as not-for-profit under the laws of the State of Florida.

(17)

Official Date of Filing means the date of written notification from County Staff that an application required by this article is complete.

(18)

Person means any natural person, firm, association, corporation, business, trust, partnership, cooperative, limited dividend or mutual association, or any other legal entity.

(19)

Pro Forma Year means the 12-month period immediately following the Test Year.

(20)

Public Utility or Utility means every Person owning, leasing, constructing, operating or managing any Public Water or Public Wastewater System, as defined herein, in the unincorporated area of the County for compensation, but shall not include those which are excepted under subsections (21) and (22) of this section.

(21)

Public Wastewater System means any real property, attachments, fixtures, treatment plants, pumping stations, intercepting sewers, pressure lines, mains, laterals, appurtenances, easements, rights or other real or personal property used or useful or having present capacity for future use in connection with the collection, treatment, purification, or disposal of wastewater and wastewater effluent, including residue, of 2,000 gallons or more per day.

Public Wastewater System shall not include:

(1)

Municipally owned or operated wastewater systems;

(2)

Wastewater systems for disposal of industrial waste for manufacturing plants;

(3)

Wastewater systems used solely for tenants or occupants of government buildings, religious, educational or cultural institutions or facilities, or recreational, scientific or institutional facilities;

(4)

Wastewater systems owned or operated by legally created Wastewater districts;

(5)

Wastewater systems not owned by a Franchisee, down-line from a Franchisee's master meter, operated and Submetered by a master metered customer of the Franchisee for the resale to individual residential or commercial consumers occupying property owned or otherwise lawfully controlled by the master metered customer; or

(6)

At the Board's discretion, nonprofit wastewater systems owned and controlled by homeowners/condominium associations or manufactured home communities that do not charge a separate rate or fee for wastewater service independent of rent.

(22)

Public Water System means any real property, attachments, fixtures, impounded water, water mains, laterals, valves, meters, plants, wells, pumps, pipes, tanks, reservoirs, systems, treatment facilities, equipment, easements, rights or other real or personal property used or useful or having present capacity for future use in connection with obtaining, treating, supplying and distributing potable water of 2,000 gallons or more per day for business, industrial or residential use.

Public Water System shall not include:

(1)

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

(2)

Water systems utilized by a manufacturing plant primarily for providing water for its manufacturing operations or for use by its employees on the premises;

(3)

Water systems used solely for the tenants or occupants of government buildings, religious, educational or cultural institutions and facilities, or recreational, scientific and institutional facilities;

(4)

Water systems owned or operated by a governmental agency or a legally created public water district;

(5)

Water systems not owned by a Franchisee, down-line from a Franchisee's master meter, 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 the master metered customer; or

(6)

At the Board's discretion, nonprofit water systems owned and controlled by homeowners/condominium associations or manufactured home communities that do not charge a separate rate or fee for water service independent of rent.

(23)

Rate Base means the actual legitimate original cost of property used and useful in the public service honestly and prudently incurred by the Person first dedicating it to public service, including any cost adjustments approved by the Board, less accumulated depreciation and CIAC, net of accumulated amortization, plus allowance for working capital and shall not include any goodwill or going-concern value.

(24)

Sarasota County Utilities means the water and wastewater system owned and operated by Sarasota County government.

(25)

Submetered means the resale of water and/or wastewater service by a master metered customer of a Franchisee at cost to individual consumers served through the master meter and who occupy residential or commercial units on property owned or otherwise lawfully controlled by the master metered customer.

(26)

Test Year means the 12-month period commencing no more than 18 months prior to the filing of an application for rate review.

(27)

Valid Franchise means an unexpired, fully executed Franchise Agreement.

(Ord. No. 2016-041, § 2, 9-21-2016)