Ordinance 75-20610
ORDINANCE NO. 75-20
AN ORDINANCE REGULATING THE INSTALLATION OF ANY
WATER DISTRIBUTION AND WASTEWATER COLLECTION
SYSTEM OR PART THEREOF WITHIN A/~Y PUBLIC RIGHT-
OF-WAY OR EASEMENT BY REQUIRING THE INSTALLER
THEREOF TO FIRST REQUEST INSTALLATION BY COLLIER
COUNTY WITH THE OWNERSHIP THERETO VESTING IN THE
PUBLIC TO BE SERVED THEREWITH, AND REQUIRING ISSUE
OF A PERMIT; PROVIDING EXCEPTIONS; PROVIDING A
PENALTY; PROVIDING SEVERANCE AND CONSTRUCTION
CLAUSES AND PROVIDING AN EFFECTIVE DATE.
%~EREAS, high quality water and sewer facilities and
services are essential to the public health, safety, welfare
and convenience, and
~EREAS, due to the expense of financing, prior to
furnishing water or sewer service it is a common commercial
practice for public utilities to require a home owner to
pay the public utility a connection charge or other advance-
ment for the purchase of water and sewer lines, and
~EREAS, these lines paid for by the home owner then
become property of the public utility, and
~{EREAS, Florida Law authorizes the public utility to
capitalize the value of these lines as the utility's invest-
ment, and
~K{EREAS, Florida Law also authorizes public utilities
to charge the home owner a fair return of approximately twelve
percent (12%) on capitalized investment, including these lines
paid for by the home owner, and
~EREAS, if the public purchased the public utility ~
the home owner may be required to pay the public utility ~
replacement cost of the lines he donated, less depreclatio~
?~tEREAS, an alternative method to finance and vest ~
ownership of water and sewer lines in the Board of County Comm-
issioners of Collier County, Florida as the Ex Officio governing
board of the particular district to be held in the public trust
convenience.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COS~ISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION ONE:
1. Legislative Intent for Public Financing of and Title to
Water and Sewer Lines.
It is the purpose of this Ordinance to provide an alterna-
tive method of financing essential public water and sewer lines
and to vest title and ownership of these water and sewer lines
in the Board of County Commissioners as the Ex Officio governing
board of the particular district 6o be held in trus~ for the
benefit of the citizens and residents served by such lines.
2. Definition of Words used in this Ordinance.
a. Person shall mean an individual, firm, association,
corporation or municipal corporation.
b. Water distribution system. All facilities neces-
sary, useful or connected with the distribution of potable
water for domestic or industrial use for twenty-five (25)
or more persons. It shall include,without limiting the
foregoing, all mains, lines, storage tanks, valves, fire
hydrants, booster pumps, water services, main line metersI
attendant facilities and pipes for the purpose of carrying
water to the premises connected with such system and shall
include all real and personal property and all interests
therein, rights and easements of any nature whatever relating
to the subject distribution system and necessary o~ con-
venient for the operation of maintenance thereof.
c. Sewage collection system. All facilities neces-
sary or having the present capacity for future use in
connection with the collection of sewage from twenty-
five (25) or more persons and/or conveyance of same to
the wastewater treatment plant for treatment and sub-
sequent disposal. Sewage collection system shall include,
without limiting the generality of the foregoing, all
pumping stations, lift stations, valves, force mains, inter-
cepting sewers, pressure lines, mains and all necessary
appurtenances, attendant facilities and equipment, all
sewer mains, manholes and services for the reception and
collection of sewage from premises connected therewith
and shall include all real and personal property and any
interests therein, and easements of any kind whatsoever
relating to any such system and necessary or convenient
for the operation thereof.
3. Unlawful to install water or sewer systems in public
right-of-way without a permit.
a. It is and shall be unlawful for any person to
install or cause to be installed any water distribution
or sewage co].lection system lines within the public
rights-of-way of the unincorporated area of Collier County,
Florida without first obtaining a permit as required by,
and complying with the provisions of this Ordinance.
b. The Board of County Commissioners of Collier County
and the Board of County Commissioners acting as the Ex-Officio
governing board of a water-sewer or oth~f district shall have
the exclusive right to construct and install water distribution
and sewer collection systems, portions thereof or extensions
thereto, within the public rights-of-way, areas dedicated
to the public, and public easements within t~e u[~ncorporated
area of Collier County except as expressly authorized by a
valid provision of an enforceable franchise or agreement with
the Board of County Commissioners of Collier County, Florida
or such Board acting as Ex-Officio governing Board of a parti-
cular water-sewer or other district.
c. Any person prior to installing or having installed
any portion of a water distribution or sewer collection
system as described in Paragraph 3.a. hereinabove shall first
petition the Board of County Commissioners, as Ex-Officio
governing Board of the district, during a regularly scheduled
public meeting describing the proposed service area and the
type of service requested.
4. The County Manager shall, after approval of the .
request by the Board of County Commissioners, cause such water
distribution or sewer collection system to be installed by the
assessment method in accordance with law and cause title and
ownership of the systems so installed to be vested in the Board
of County Commissioners of Collier County and the Board of County
Commissioners acting as the Ex-Officio governing board of a water
sewer or other district. Failure of such Board to take action
within (60) days to cause installation of water or sewer lines by
the.assessment method shall be considered a refusal by the Board
to invoke the provisions of this Ordinance.
SECTION TWO:
1. Penalties. If any public utility, or any officer,
agent, representative or employee thereof, shall knowingly
fail to refuse to obey or comply with, or wilfully violate,
any provisions of this Ordinance or any lawful rule or regula-
tion promulgated hereunder, or any lawful order of the County
issued or rendered under and pursuant to the provisions of
this Ordinance, such public utility, or its officers, agents,
representatives cr employees, upon conviction of such offense,
shall be punished by a fine not to exceed five hundred dollars
($500.00), or by imprisonment not to exceed sixty (60) days in
the county jail, or both.
2. Construction and Severance.
a. Nothing contained in this Ordinance shall be
construed as authorizing the impairment or breach of any
bona fide contractual arrangements entered into in good
faith by a public utility prior to the effective date of
these regulations. Nor shall the provisions of these
regulations be construed to impair or defeat the rights
of any holders of revenue bonds, trust identures, mortgages,
or other instruments evidencing indebtedness of a public
utility issued or given in good faith p~ior to the effec-
tive date hereof to receive payment of such financial
obligations in accordance with the terms thereof. The
County Co~i~sion in the exercise of its ,regulatory powers
in respect to the rates and charges and other contractual
agreements of public utilities as herein defined shall
take into consideration and give full force and effect to
such lawful instruments created and existing prior to
effective date of these regulations.
b. The provisions of this Ordinance shall be
liberally construed to effectively carry out its purposes
in the interest of the public health, safety, welfare
and .convenience.
c. If any phrase 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 portion.
3. Effective Date. This Ordinance shall take effect
upon receipt of notice that it has been filed with the
Secretary of State.
Dated: /~ ~ ~2 /~-' BOARD OF COUNTY COM~ISSIONERS
-?
'~U~RGARET T. SCOTT / THomas P. Arch~[
~.l~rk of Circuit C~r~
//~.. ~ ~ ~:~. ~,/~>, Chairman
~ C~erk ' Approved as to form and legality:
David Emerson Brunor
"'~," ~,'~,, ', Collier County Attorney