Ordinance 84-20ORDINANCE NO. 84-20
AN ORDINANCE AMENDING SECTION 1H(7) OF ORDI-
NANCE NO. 83-18 BY PROVIDING THAT THE DEFINI-
TION OF "UTILITY" SHALL NOT INCLUDE ANY
UTILITY WHICH SERVES LESS THAN 100 PEOPLE OR
ITS EQUIVALENT; AMENDING SECTION 2B(7) OF
ORDINANCE NO. ~3-18 BY PROVIDING THAT THE
UTILITIES DIVISION SHALL PROVIDE ADEQUATE
CLERICAL AND TECHNICAL PERSONNEL TO THE
COLLIER COUNTY UTILITY RATE AND REGULATION
BOARD; AMENDING SECTION 3A OF ORDINANCE NO.
83-18 BY PROVIDING A PROCEDURE FOR PASS-
THROUGHS OF RATE INCREASES OR DECREASES
PURSUANT TO CONTRACTS FOR THE PROVISION OF
WATER OR SEWERAGE SERVICE ENTERED INTO PRIOR
TO MAY 1, 1983; PROVIDING CONFLICT AND
SEVERABiLITY; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY CO~IISSIONERS OF
COLLIER COUNTY, FLORIDA:
SECTION ONE
Section 1H(7) of Ordinance No. 83-'.8 is hereby amended to
read as follows:
* * *
H. "Utility" means any person, lessee, trustee, receiver,
firm, association, corporation, business trust, partnership,
cooperative, or any other organization proposing, owning, operat-
ing, managing, leasing, or controlling any Water or Sewerage
System, or part thereof, whether pursuant to franchise or not,
serving any part of the unincorporated area of Collier County for
compensation received directly or indirectly, but it shall not
include:
* * *
(7) Any Utility which serves less than 100 people o__r
.its equivalent.
SECTION TWO ·
Section 2B(7) of Ordinance No. 83-18 is hereby a~ehded to
read as follows~
NOTE~ Words underlined are added to existing Ordinance; words
s%=Hek%ehrou~h are deletions from existing ordinances.
The eo~n~y-Mana~e~ Utilities Division shall provide adequate
clerical and technical personnel for the Board and the County
Attorney shall provide legal assistance to the Board. Minutes of
each Board meeting shall be kept and prepared under the super-
vision and direction o~ the Board, and copies of such minutes
shall be filed with the Clerk of the Cnmmi~ion.
SECTION THREE
Section 3 A. of Ordinance No. 83-18 is hereby amended by
adding subpart 6 to read as follows:
(6) Contracts for the. provision of water or sewerage ser-
vice entered into prior to May 1, 1983~ which provide a method
for calculating adjustments in rates shall be honored by the
Board as a pass-through to the extent that the contract¢ the
method of calculation contained ir, the contract, and the rate
adjustment so calculated are just and reasonable. Any adjustment
in rates pursuant to such contracts shall not be imolemented
until approved by the Board. The Board may approve, modify or
reject any such adjustment and may require such additioqal infor-
mation from the Utility as the Board may deem necessary to render
a decision as to whether the contract~ the method of calculation
contained in the contract, and the. rate adjustment so calculated
are just and reasonable. Any Utility seekin~ an adjustment in
its rates pursuant to such contracts must, in writing, notify the
Board and its Customers at least sixty (60} days prior to the
adjustment of the Utility's intention to seek a pass-through
adjustment. If the Board fails to render a decision on the
adjustment within sixty (60) days after receipt of the Utility's
notice~ the pass-thrguqh adjqstment shall be deemed to be auto-
matically ~pproved. Ail Utility customers shall be fully ap-
prised as to the increase or decrease in Rates resulting from
approved pass-through adjustments and such changes shall be noted
on the Utility's Customer bills.
NOTE~ Words underlined are added to existing Ordinance; words
s~uek-eh~em~h are deletions from existing ordinances.
2
114
SECTION FOUR
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or portlo~l of this
Ordinance is 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 portion.
SECTION FIVE
This Ordinance shall become effective upon receipt of
official acknowledgement from the Secretary of State that this
Ordinance has been filed with the Secretary of State.
PASSED AND ADOPTED by the Board of County Commissioners of
Collier County, Florida, at its regular meeting held on the 14th
day of February , 1984.
DATED: February 14, 1984
'Approved.,s to form and
· u~ ~. 'S~Unders
Collier County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DAVID C. BROWN, Chairman
This ordinance flied with
Sf.?'~tpry of Stc:te's. O/'fic~ the
~,,.Q acknowledgement o~ that
,n,ng recqived this ~ da
NOTE: ~';ords underlined are added to existing Ordinance; words
s~ek-eh~e~' ~re deletions from existing ordinances.
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, WILLIAM J. REAGAN, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true origi0al
ORDINANCE NO. 84-20
which was adopted by the Board of County Commissioners during
Regular Session the 14th day of February, I984.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 14th
day of February, 1984.
WILLIAM J. REAGAN
Clerk of Courts and Clerk
Ex officio to Board of
County~mmissioner. , .,
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By .... D~uty Clerk-
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