Ordinance 78-09 ORDINANCE NO. 78- 9
AN ORDINANCE PROMULGATING RULES AND REGULATIONS
FOR THE OPERATION OF COUNTY-OWNED UTILITY SYSTEMSt
PROVIDING AN EFFECTIVE DATE.
SECTION ONE. GENERAL INFORMATION:
These rules and regulations are a part of all rate schedules,
applications and contracts of the County, now existing or here-
after entered into. In the absence of specific written agreement
to the contrary, they apply without modifications or change to
each and every customer to Whom the County renders service. In
the event that any portion of these rules and regulations is
declared unconstitutional or void for any reason by any Court of
competent Jurisdiction, such decision shall in no way affect the
validity of thc remaining portions of the rules and regulations.
SECTION TWO. FREE SERVICE:
The County will not render or cause to be rendered any free
service of any nature by its facilities, nor will any preferen-
tial rates be established for users of the same class.
SECTION THREE. CONNECTION WITH UTILITY SYSTEMS:
Whenever the same shall be available the owner of every lot
or parcel of land shall connect with any water or sewer system
operated by the County upon notification by the County to do so.
All such connections shall be made in accordance with th~hle~
and regulations which shall be adopted from time to t~
County, which rules and regulations shall
things, for a charse for ~king any such connections. ~ ~ '~
SECTION FOUR. SERVICE: ~
To obtain service, application must be made at the office of
the C~nty. Ap~icattons are accepted by the County with the
~der~andi~t there is no obliEation on the part of the
Co~t~to r~e~ service other than that which is then available
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SECTI~ FIV~ °~PLICATION FOK SEKVICE:
o
~e applicant shall fu~ish to the County the correct name,
street address and leEal description at which service is to be
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rendered, at the time of the application for service. All
connection fees as estab lished by the Board of County
Co~amissioners shall be paid in full at the time of application
for service.
SECTION SIX. SIGNED APPLICATION NECESSARY:
Utility service is furnished only upon signed application
of the customer, accepted by the County, and the conditions
of such application or agreement are binding upon the customer
as well as the County. A copy of each application or agreement
for utility service accepted by the County will be furnished
to the applicant.
SECTION SEVEN. APPLICATION BY AGENT:
Application for service requested by firms, partnerships,
association, corporations and others, shall be tendered only
by duly authorized parties. W~en service is rendered under
agreement or agreements entered into between the County and
an agent of the principal, the use of such service by the
principal shall constitute full and complete ratification by
the principal of the agreement or agreements entered into
between agent and the County under which such service is
rendered. A tenant of property shall not be construed to be an
agent.
SECTION EIGHT. BUILDING PERMITS:
Where the water main is reasonably accessible to render
service, no Collier County Building Permit ~y be issued until
such time as proper application shall have been made for service
and all fees necessary for the rendering of such service shall
have been paid to the County.
SECTION NINE. WITHHOLDING SERVICE:
The County may withhold or discontinue service rendered
under application ~mde by any of the immediate family household,
agent of an organization or business unless all prior indebtedness
to the County of such family, household, organization or business
for utility service has been settled in full. Service may be
withheld for non-payment of bills or non-compliance with rules
and regulations in connection with same or different class of
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service furnished to the same consumer at the same premises, or
for non-payment of bills for service by a previous occupant of
the premises, provided such previous occupant will receive benefit
from rendering or continuation of such service.
SECTION TEN. LIMITATION OF USE:
Service purchased from the County shall be used by the
consumer only for the purposes specified in the application for
service, and the consumer shall not sell or otherwise dispose.of
such service supplied by'the County. Water service furnished to
the customer shall be rendered directly to the consumer through
the County's individual meter, and under no circumstances shall
the consumer or consumer's agent or any other individual, associa-
tion or corpora~ion install equipment for the purpose of dispos-
ing of said water service. In no case shall a consumer, except
with the written consent had and obtained from the County, extend
his installation across a street, alley, lane, court, property
line, avenue, or any other way, in order to furnish service for
adjacent property, even though such adjacent property be owned by
him. In such case of such unauthorized extension, sale or dis-
position of service, customer's service will be subject to
discontinuance until such unauthorized extension, sale or dis-
position is discontinued and full payment is made of bills for
service, caloulated on proper classification and rate schedules
and reimbursements in full are made to the County for all extra
expenses incurred for clerical work, testing, and inspections.
SECTION ELEVEN. CONTINUITY OF SERVICE:
The County will at all times use reasonable diligence to
provide continuous service, and having used reasonable diligence
shall not be liable to the customer for failure or interruption
of continuous water service. The County shall not be liable for
any act or omission caused directly or indirectly by strikes,
labor troubles, accident, litigation, breakdowns, shutdowns for
emergency repairs, or adjustment, acts of sabotage, enemies of
the United States, wars, United States, state, municipal or other
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governmental interference, acts of God or' other causes beyond its
control.
SECTION TWELVE. TYPE AND MAINTENACE:
The customer's pipes, apparatus and equipment shall be
selected, installed, used and maintained in 'accordance with
standard practice, conforming with rules and regulations of the
County and in full compliance with all laws and governmental
regulations applicable to same. The customer shall keep all
pipes, valves, plumbing and fixtures in repair and promptly stop
all leaks on his premises, and the County shall not be respon-
sible for their maintenance and operation. The customer shall
not utilize any appliance or device which is not properly con-
structed, controlled, and protected, or which may adversely
affect the utility service; and the County reserves the right to
discontinue or withhold utility service to such apparatus or
device.
SECTION THIRTEEN. CHANGE OF CUSTOMER'S INSTALLATION:
No change~ or increases in customer's installation, which
will materially affect the proper operation of the pipes, mains,
or other distribution or production facilities of the County
shall be made without written consent of the County. The customer
will be liable for any damage resulting from a violation of this
rule.
SECTION FOURTEEN. INSPECTION OF CUSTOMER'S INSTALLATION:
All customer's utility service installations or changes
shall be inspected upon completion by appropriate County Depart-
ment having Jurisdiction to insure that customer's piping,
equipment and devices have been installed in accordance with
accepted standard practice and such governmental or other rules
as may be in effect. Where Other governmental inspection is
required by local rules or ordinances, the County shall not
render utility service until such inspection has been made and
approval from the inspecting authority has been granted. The
County reserves the right to inspect customer's installation
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prior to rendering utility services and from timu to time there-
after, but assumes no responsibility whatsoever for any portion
thereof.
SECTION FIFTEEN. PROTECTION OF COUNTY PROPERTY:
The customer shall properly protect the County's property on
the customer's premises, and shall permit no one but the County's
aEents, or persons authorized by law, to have access to the
County's pipes and apparatus.
In the event of any loss or damage to the County caused by
or arisinE out of neglect of the customer, unless the customer
shows that he has used reasonable diligence in the care of the
property, the cost of making good such loss or repairfn§ such
damaEe shall be paid by the customer.
SECTION SIXTEEN. ACCESS TO PREMISES:
The duly authorized agents of the County shall have access
to the premises of the customer, at all reasonable hours, for the
purpose of installing, maintaining and inspecting or removing
County's property, reading meters, and other purposes incident to
the performance under or termination of the County's agreement
with the customer, and in such performance shall not be liable
.for trespass.
SECTION SEVENTEEN. RIGHTS-OF-WAY OR EASEMENTS: ·
Prior to raceiving service from the County, the customer
shall grant or cause to be granted to the County without cost to
the County, all rights, easements, permits, and privileges which
in the County's opinion are necessary for the rendering of
utility service.
SECTION EIGHTEEN. UNAUTHORIZED CONNECTIONS:
Connections to the County's utility system for any purpose
whatsoever, are to be made only by employees of the County.
Unauthorized connections render the service subject to immediate
discontinuance without notice, and service will not be restored
until such unauthorized connections have been removed and unless
settlement is made in full for all service estimated by the
County to have been used by reason of such unauthorized connection.
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SECTION NINETEEN: ALL WATER THROUGH METER:
That portion of the customer's installation for water service
shall be so arranged that all water service shall pass through
the meter. The customer will not install temporary pipes,
nipples, spacers or any connection which may permit water to by-
pass the meter or metering equipment.
SECTION TWENTY: EFFECTIVE DATE.
This Ordinance shall take effect upon becoming law.
PASSED AND DULY ADOPTED ON THIS 21
.. WI I~A~ J w/REAGAN z/,Xrie rk
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day of MARCH, 1978.
BOARD OF COUNTY COMMISSIONERS
COLLIER~NTY, FLORIDA
~/C.-R. "Rus~ Wim%fr'
Chairman
Approved as to form and legal
Dona~l'd A. Pi6kworth
Collier County Attorney
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, WILLIAM J. REAGAN, Clerk of Courts in and for the
Twentieth Sudiotal Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true original of:
Ordinance No. 78-9
which was adopted by the Board of County Commissioners
during Regular Session March 21, 1978.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 23rd
day of. March, 1978.
WILLI~/4 J. REAGAN
Clerk of Courts and Clerk"""~\5%l~.'-
Ex-officio to Board of /~'L~..'.' ..... ""
County Commissioners ~ "'.~.'"~<'.!'..,~,~; ;
By Dep
"'~'F .~ ~ '' ' ' ' ~ ·
This ordinance filed with the Secretary of State's office ',;~v,'
the 28th day of March, 1978 and acknowledgment of that
filing received this 31st day of March 1978.
Depute'Clerk ~
Virginia Magri
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