Resolution 1996-104
statutes, "';f';1~~
Resolution No. 85-104, which was adopted by Collier countyon;5il::,~"
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April 16, 1985, and which established Chapter 367, Florida' ~';:Xr:'?
statutes, jurisdiction of the Florida Public Service commis~lo~fJ'~~f\:;'
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over private water and wastewater utilities within C~llier ;~4r:~f
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RESOLUTION NO. 9'-~
A RESOLUTION OF COLLIER COUNTY, FLORIDA, PURSUANT TO
SECTIO. 3'7.171, FLORIDA STATUTES, REGCINDING COLLIER
COUHTY RESOLUTIO)l )10. 85-104 AND EXCLUDING COLLIER
COtJJlTY nox TIlE PROVISIOlfS OF CXAPTER 3", FLORIDA
STATUTBS, AND aDOVIlfG JURISDICTION OF TIlE FLORIDA
PUBLIC SERVICE COHKISSIO)l OVER PRIVATE WATER AND
WASTEWATER UTILITIES IN COLLIER COUNTY AS PROVIDED BY
CHAPTER 367, FLORIDA STATUTES.
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WHEREAS, on April 16, 1985, the Board adopted Resolution No.
85-104 and thereby declared and effectuated that Collier County
ilDll1ediately become SUbject to all provisions of Chapter 367,
Florida Statutes, thereby establishing Chapter 367 jurisdiction
of the Florida Public Service commission over private water and
wastewater utilities within Collier County; and
WHEREAS, section 367.171(1), Florida statutes, provides that
a county, after ten (10) continuous years under Chapter 367,
Florida statutes, juriSdiction of the Florida Public service'
COlDll1ission may, by resolution or ordinance, rescind any such
'prior resolution or ordinance of that county which imposed
Florida Public commission jurisdiction over such utilities, and
thereby assume county juriSdiction over such private water and
wastewater utilities; and
WHEREAS, the interests of the citizens of Collier County will
be better served presently and in the future if private water and
wastewater utilities are hereafter regulated locally by Collier
County, a political SUbdivision of the state of Florida.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
COlDll1issioners of Collier County, Florida, that:
1.
Section
367.171,
Florida
Pursuant
to
County, is hereby rescinded.
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,,;-',DWI~~:1:n'~OCK, Clerk
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Approv'ild as to form and
legal sUfficiency:
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1996
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2. This Resolution expressly excludes Collier County fro~,i:~Af
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the provision of Chapter 367, Florida statutes, except to the ,',
very limited extent provided otherwise in Section 367.171,
Florida Statutes, and thereby immediately removes Chapter 367,
Florida statutes, jurisdiction of the Florida Public Service,
commission over private water and wastewater utilities in Collier
County as provided by law.
3. The Clerk to the Board shall, as soon as possible,
notify the Florida Public Service commission of the adoption of'
this Resolution and shall mail a certified copy of this,-
Resolution to the Office of Records and Reporting of the Florida
Public Service Commission in Tallahassee, Florida.
This Resolution adopted this OJ.1 day of MAII:Idj/
after motion, second and majOri:y vote favoring s~e.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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?N C. NORRIS, Chairman .'
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av d C. w~ el ~
County Attorney
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