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Ordinance 97-40 ORDINANCE NO. 97- 4o <" .. ¢. AN ORDINANCE AMENDING ORDINANCE 96-6, AS % ~!(~,.*,: AMENDED, THE "UTILITY REGULATORY '~ ~q'~' ORDINANCE," BY AMENDING SUBSECTION (E) (2) OF SECTION I-3 THEREOF TO MODIFY CRITERIA FOR APPOINTMENT OF LAY MEMBERS TO TIlE COLLIER COUNTY WATER AND WASTEWATER AUTHORITY; PROVIDING FOR CONFLICT AND '= " r"- SEVERABILITY; PROVIDING FOR INCLUSION IN " "" THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners has determined that is in the best interests of the public's health, safety, and welfare, that the criteria and requirements for qualifications for appointing law members to the Collier County Water and Wastewater Authority be modi fled. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendments to Section 1-3 of Collier County Ordinance No. 96-6. Subsections (E) (2) of Section 1-3 of Collier County Ordinance No. 96-6, as amended, is hereby; amended to read as follows: SECTION 1-3. COLLIER COUNTY WATER AND WASTEWATER AUTHORITY; POWERS AND DUTIES. E. Members of the Authority. The Authority shall consist of five (5) members appointed by the Board. Three (3) members shall be technical members and two (2) 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 (I) or more of the following areas: (i) Engineering: with experience in water and sewer systems; (ii) Executive experience in finance, accounting, rate-making, and/or utility regulation; or (iii) Business administration. 1 Words underlined_ are added; words :.,'r~ ',,%re::g~ are deleted. 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 '::k~ have experience in any area of relevant utility service and management, rate- making, ulility regulation, or other endeavors..-,:~ *.e ~ .~'~'~.!:H~.' ~.:.~:!~ *.e :be p:'vr~"'~ ~--'-'~::ie.".!.'.~, ^r ,~.~ ^ ..,~.~,.~,,, lay members may be ~ppointed from the same areas of expertise as technical meanbets. SECTION TWO: CONFLICT AN1) SEVERABILITY If any se~ion, phr'~se, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct. and independent provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION TtIREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon filing this Ordinance with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this .,.,2~r72S day of,~~____, 1997. '~:" D'WI~HT'E..BROCK, BOARD OF COUNTY COMMISSIONERS -' '~ CLERK '~' COLLIER COI. fNTY, FLORIDA '7~ "...."~ _-~.,15~t~y'~lerk ,- By: T'~6~. IYAN~6~K, Chairman ti %. -. · This ordinal, on filed with th,.- . '. Approved ~s to form and Secretary of S: te's Office the ~-~ ~"')Z~,~ and acknow[e~.~gemefi; of: that tiling eceiver~ this ~ day ThOmas C. Palm~r Assistant County Attorney 2 Words underlined -',re ~,dded; wo~'ds ~.~.'-¢~ L~.r.~;.~ ,,re deleted. STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, gollier County, Florida, do hereby certify that the foregoing is a true copy of: C'~DINANCE NO. 97-40 Which was adopted by the Board of County Commissioners on the 26th day of August, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of August, 1997. Clerk of Courts and ~ ',~ ~~. · . ~. ......