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Agenda 02/11/2014 Item #16C3 2/11/2014 16.0.3. EXECUTIVE SUMMARY Recommendation to direct the County Manager or his designee to advertise an ordinance amending Ordinance No. 2001-73, as amended, the Collier County Water-Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance, to maintain compatibility with the Collier County Consolidated Impact Fee Ordinance, as amended. OBJECTIVE: To receive direction to advertise a proposed amendment to the Collier County Water-Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance to provide for administrative changes and maintain compatibility with a recent amendment to the Collier County Consolidated Impact Fee Ordinance Amendment. CONSIDERATIONS: On December 11, 2001, the Board of County Commissioners (Board) adopted Ordinance No. 2001-73, the Collier County Water-Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance; which was recently amended by the adoption of Ordinance No. 2013-44 on June 11, 2013 (the "Ordinance"). The proposed amendment to the Ordinance is necessary to compliment an amendment to the Collier County Consolidated Impact Fee Ordinance (Ordinance No. 01-13), as amended. The proposed changes include: • SECTION ONE, District Regulation 1.4. A. Application for Service, paragraph 3: Deleted reference to impact fees. • SECTION ONE, District Regulation 1.4.F. Dates Bills Due and Delinquent; Discontinuance of Service for Non-Payment; Reinstatement Following Discontinued Service paragraph 5, is amended as follows: Billing for potable water, sewer,or IQ water services shall begin upon installation of the meters, billing for sewer services shall commence upon issuance of the Certificate of Occupancy, or Certificate of Completion. • SECTION TWO, Submetering 2.10, is specifically amended to include reference to Certificates of Completion, as follows: 2.10 Separately metered water services, and as appropriate sewer services, and/or IQ water services are required to be provided to each new property resulting from the sale of such units or lots, prior to the issuance of Certificates of Occupation, or Certificates of Completion. or on change of ownership. The removal of the reference to impact fees enables a water and sewer utility account to be established by the property owner dependent only on issue of the building permit; and billing for sewer services only after the issuance of the Certificate of Occupancy, or Certificate of 1 Packet Page-385- 2/11/2014 16.0.3. Completion reduces developer costs during the build phase. Adding Certificate of Completion provides clarification that commercial properties are included. FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: This amendment and activities anticipated to be tasked under it will have no impact on the county's Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of the Collier County Water-Sewer District, direct the County Manager or his designee to advertise an ordinance amending Ordinance No. 2001-73, as amended, the Collier County Water-Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance. PREPARED BY: Peter Lund, Manager Customer Service and Utilities Education and Compliance ATTACHMENTS: Proposed Ordinance No. 2014- 2 Packet Page-386- 2/11/2014 16.C.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.C.16.C.3. Item Summary: Recommendation to direct the County Manager or his designee to advertise an ordinance amending Ordinance No. 2001-73, as amended,the Collier County Water-Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance,to provide for administrative changes. Meeting Date: 2/11/2014 Prepared By Name: SteinbringSherry Title: VALUE MISSING 12/19/2013 3:39:25 PM Submitted by Title: VALUE MISSING Name: LundPeter 12/19/2013 3:39:27 PM Approved By Name: LundPeter Date: 12/19/2013 3:59:37 PM Name: HapkeMargie Title: Operations Analyst,Public Utilities Date: 12/19/2013 4:10:38 PM Name: RiesenTeresa Title: Manager-Revenue,Utilities Finance Operations Date: 12/19/2013 4:36:25 PM Name: Joseph Bellone Title: Manager-Utility Billing&Cust Serv.,Utilities F Date: 12/20/2013 8:03:48 AM Packet Page-387- 2/11/2014 16.C.3. Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 12/27/2013 10:37:21 AM Name: YilmazGeorge Title: Administrator, Public Utilities Date: 12/27/2013 11:19:41 AM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management&B Date: 12/27/2013 5:03:42 PM Name: KlatzkowJeff Title: County Attorney Date: 1/6/2014 9:37:04 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 2/4/2014 10:56:25 AM Packet Page-388- 2/11/2014 16.C.3. COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE ORDINANCE NO. 2014 - AN ORDINANCE AMENDING ORDINANCE NO. 2001-73, AS AMENDED, KNOWN AS THE COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE, BY AMENDING: SECTION ONE, DISTRICT RATES, FEES, CHARGES AND REGULATIONS; SECTION TWO, SUBMETERING; AND SECTION THREE, CITY OF NAPLES SERVICE AREA, IN ORDER TO REFLECT RECENT AMENDMENTS TO THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE AS CODIFIED IN CHAPTER 74 OF THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the original Collier County Water-Sewer District, also known as the County Water-Sewer District of Collier County (District), was approved on November 4, 1969, by voters of Collier County in accordance with the requirements of Chapter 153, Part II, Florida Statutes; and WHEREAS,the Board of County Commissioners of Collier County, Florida, (Board) is the Ex-officio governing Board of the District; and WHEREAS, in 2001, the Board enacted Collier County Ordinance No. 2001-73 to create a more simplified and efficient mechanism for water and sewer utility systems and for readers to more easily understand these regulations, which are applicable to the District's water, wastewater, and non-potable services; and WHEREAS, the Board subsequently amended Ordinance No. 2001-73 through its adoption of Ordinance No. 2006-27 and Ordinance No. 2013-44; and WHEREAS, the Board desires to further amend Ordinance No. 2001-73, as amended, in order to reflect recent amendments to Chapter 74 of the Collier County Code of Laws and Ordinances, relating to the timing of impact fee payments. Words Underlined are added;Words ask eugh are deleted. _CA Packet Page-389- '� 2/11/2014 16.C.3. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT,that: SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 2001-73, AS AMENDED. Section One is hereby amended as follows: SECTION ONE: District Rates, Fees, Charges and Regulations * * * * * * * 1.4 District Regulation. A. Application For Service. * * * * * * * 3. The applicant property owner shall furnish to the District their full name and, street address, and a legal description of the property where service is to be rendered with respect to such application. The applicant may furnish contact details such as telephone number and email address and the full street address of the billing address if different from the service address, together with contact details. All system development charges, impact fees; connection and installation fees, new account and any other fees, rates and charges established by the District shall be paid in full at the time of application for service. The applicant shall also furnish the name of any tenant who may occupy the property and any subsequent changes of tenant. F. Dates Bills Due and Delinquent; Discontinuance of Service for Non-Payment; Reinstatement Following Discontinued Service. * * * * * * * 5. Billing for potable water, sewer, or IQ water services shall begin upon installation of the meters, billing for sewer services shall commence upon issuance of the Certificate of Occupancy, or Certificate of Completion. Words Underlined are added;Words sic Through are deleted. n...." ..c e d7 Packet Page-390- 2/11/2014 16.C.3. SECTION TWO: AMENDMENT TO SECTION TWO OF ORDINANCE NO. 2001-73, AS AMENDED. Section Two is hereby amended as follows: SECTION TWO—Submetering. * * * * * * * 2.10 A landlord who is a property owner within the District and who provides water and/or sewer and/or IQ water services through a single master meter to multiple rental units or lots,within a single parcel, and who sells any of the units or lots, such that they become individual parcels, shall be responsible for notifying the District of the transactions. Separately metered water services, and as appropriate sewer services, and/or IQ water services are required to be provided to each new property resulting from the sale of such units or lots, prior to the issuance of Certificates of Occupation, or Certificates of Completion. or on change of ownership. The District will provide details of the approved administrative process and requirements that must be met to effect the requested change. SECTION THREE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 2001-73, AS AMENDED. Section Three is hereby amended as follows: SECTION THREE—City of Naples Service Area. * * * * * * * 3.3. The governing board of the District may attach reasonable conditions to the issuance of permits for distribution water main extensions - - -. . . - _ .:-, :. : are, or may be enacted by the County. * * * * * * * Words Underlined are added;Words Stfuek-dough are deleted. GQ- Packet Page-391- 2/11/2014 16.C.3. SECTION FOUR: CONFLICT AND SEVERABILITY. 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 portion of the 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: 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 Ordinances may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATE. This Ordinance shall become effective upon being filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By: By: , Deputy Clerk TOM HENNING, CHAIRMAN Approved as to form and legality: Lw Sc R. Teach Deputy County Attorney Words Underlined are added;Words Stfusk—Thr-eugh are deleted. D....e A ..FA Ca Packet Page-392-