Agenda 02/25/2014 Item #17D2/25/2014 17.D.
EXECUTIVE SUMMARY
Recommendation to adopt 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, and to provide for administrative changes.
OBJECTIVE: To approve an 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 changes to the Ordinance are necessary to complement an amendment to the
Collier County Consolidated Impact Fee Ordinance (Ordinance No. 01 -13, as amended), to
remove reference to impact fees, to delay the application of sewer charges from when the meter
is installed until the issuance of the Certificate of Occupancy, and to also include the Certificate
of Completion to provide clarification for commercial properties. At the Board's February 11,
2013, meeting, Agenda Item 160 was approved, which directed staff to legally advertise the
attached proposed Ordinance in the community's newspaper of record, the Naples Daily News.
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.
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2/25/2014 17.D.
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, approve 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
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.D.
2/25/2014 17.D.
Item Summary: Recommendation to adopt 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, and to provide for administrative changes.
Meeting Date: 2/25/2014
Prepared By
Name: HendricksonLisa
Title: Operations Coordinator, Utilities Finance Operations
2/10/2014 3:22:05 PM
Submitted by
Title: Manager - Revenue, Utilities Finance Operations
Name: LundPeter
2/10/2014 3:22:06 PM
Approved By
Name: LundPeter
Title: Manager - Revenue, Utilities Finance Operations
Date: 2/11 /2014 8:22:28 AM
Name: Joseph Bellone
Title: Director - Operations Support, Utilities Finance Operations
Date: 2/11/2014 9:19:11 AM
Name: JacobsSusan
Title: Operations Analyst, Public Utilities Division
Date: 2/11/2014 9:56:09 AM
Name: RiesenTeresa
Title: Manager - Revenue, Utilities Finance Operations
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Date: 2/11/2014 10:15:37 AM
2/25/2014 17.D.
Name: YilmazGeorge
Title: Administrator - Public Utilities, Public Utilities Division
Date: 2/11/2014 2:37:39 PM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 2/12/2014 10:47:51 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/12/2014 11:49:06 AM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 2/14/2014 3:18:54 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/17/2014 11:23:15 AM
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2/25/2014 17.D.
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 &WdOlE ThFough are deleted.
T_ -- I _C A
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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 develepment ^h ^r ^ °° . t
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, sewed 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 yak Thfough are deleted.
n...�r. 1 ..0 A I
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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 w1geh eanditiens may inelude, but not-be
limited t. , ::...,...s f . payment of s j mo+w, deyelep + ehar-ges or impaet f h l
o or-
Words Underlined are added; Words Stmek Tbreugh are deleted.
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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
ATTEST:
DWIGHT E. BROCK, Clerk
0
day of 52014.
, Deputy Clerk
Approved as to form and legality:
ScM R. Teach
Deputy County Attorney
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS EX- OFFICIO
THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER -SEWER DISTRICT
By:
TOM HENNING, CHAIRMAN
Words Underlined are added; Words gu%ek ThFough are deleted.
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N A P L E S D A I LY N E W S* K Wednesday, February 12, 2014 K 29@
HE
NOTICE OF MEETING WNOTICE OF MEETING
Notice is hereby given that on Tuesday, February 25, 2014, in the Boardroom, 3rd
Floor, Administration Building, Collier County Government Center, 3299 East
Tamiami Trail, Naples, Florida, the Board of County Commissioners, as ex- officio the
Governing Board of the Collier County Water -Sewer District, will consider the
enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The
title of the proposed Ordinance is as follows:
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 AMENDMENT TO THE COLLIER COUNTY CON50LIDATED 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.
A Copy of the proposed Ordinance is on file with the Clerk to the Board and is
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County administrator prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. in any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. , All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedin s pertaining thereto and therefore, may need to ensure that a verbatim
record ofg the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to
partici pate in this proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples,
Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired
are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY WATER -SEWER DISTRICT
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
February 12. 2014 No 015 (tom
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