BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION In the Matter of the Application ) for sale and transfer of the ) DOCKET UW-960587 Burton Water System ) from Gerald Garrison & ) ORDER GRANTING James Garrison to ) APPLICATION Burton Water Company, Inc. ) SALE AND TRANSFER ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) On May 1, 1996, Burton Water Company (Burton Water) and Burton Water Company, Inc. filed a joint appli-ca-tion, in Docket UW-960587 for approval to transfer Burton Water System from Burton Water to Burton Water Company, Inc. Mr. Gerald Garrison and James Garrison are the sole stockholders of Burton Water Company, Inc. Burton Water is incorporating to obtain the benefits of incorporation for the operators of the water system. As share-hol-ders, the owners of the water system face limited corporate liabil-ity compared to the unlimited liability faced by sole propri-etors. There is no intent to cause an increase in rates or increase rate base through this transfer. The Burton Water System includes but is not limited to well sites and tank farm owned by the applicant. In addition, all plant, tools and office equipment and inventory will be transferred. Further, the tariff rights will be transferred to the new corporation. The purchase price will be twenty thousand dollars in equal shares of stock to Gerald Garrison and James Garrison along with a note to Gerald Garrison in the amount of $117,875 and a note to James Garrison in the amount of $23,992. FINDINGS THE COMMISSION FINDS: 1. Gerald Garrison and James Garrison, d.b.a. Burton Water Company a sole propri-etorship, and Burton Water Company, Inc., a Washington corpora-tion, are public service companies subject to the juris-diction of this Commission under the provisions of chapter 80.12 RCW. 2. As to form, the application herein, meets the require-ments of chapter 80.12 RCW and the rules and regulations of the Commission adopted pursuant thereto. Docket UW-960587 Page 1 3. The sale and transfer of the proposed Burton Water System by Gerald Garrison and James Garrison, d.b.a. Burton Water Company is reason-able and consistent with the public interest and should therefore be approved. O R D E R THE COMMISSION ORDERS: 1. After the effective date of this order and subject to the provisions hereof, Gerald Garrison & James Garrison, d.b.a. Burton Water Company is hereby autho-rized to sell and Burton Water Company, Inc., is hereby authorized to purchase and accept the transfer of Burton Water System under the terms and condi-tions of the proposed bill of sale filed as an exhibit in the application herein. 2. The above-authorized sale and transfer shall be ex-changed for the amount of Twenty Thousand Dollars ($20,000.00) stock and outstanding Notes from Burton Water Company, Inc. to Gerald Garrison and James Garrison. 3. Within 30 days after the above-authorized sale and transfer has been executed, a true copy of sale and transfer actually executed and delivered shall be filed with the Commis-sion, together with a report of the date of delivery. 4. Burton Water Company, Inc., affirms that it will adopt the tariff of Burton Water Company without change to the rates contained in that tariff occasioned by this sale and transfer as it applies to the system described in paragraph one of this order. Burton Water Company, Inc., will continue to bill the customers at the Burton Water Company's tariffed rate. 5. Not later than 60 days after the effective date of this order, Burton Water Company, Inc., shall file with the Commis-sion, for its prior written approval, the journal entries by which they propose to record on their books the sale and transfer of proper-ty authorized by this order. 6. This order shall in no way affect the authority of this Commission over rates, service, accounts, valuations, estimates, or determination of costs, or any matters whatsoever that may come before it, nor shall anything herein be construed as an acquies-cence in any estimate or determination of costs or any valuation of property claimed or asserted. 7. Company acknowledges that any Federal Income Tax consequences from this transaction will be the respon-sibility of the company stockholders and not company ratepayers. Docket UW-960587 Page 3 DATED at Olympia, Washington, and effective this day of June, 1996. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION STEVE KING Acting Secretary