Agenda 11/13/2012 Item #16C811/13/2012 Item 16.C.8.
EXECUTIVE SUMMARY
Recommendation to authorize advertising the attached ordinance repealing Ordinance Number 80-
43 that created the Goodland Water District.
OBJECTIVE: Dissolve and integrate the Goodland Water District ( Goodland) into the Collier
County Water -Sewer District (CCWSD).
CONSIDERATIONS: The Board of County Commissioners (Board) approved Ordinance
Number 75 -5 on February 18, 1975, creating the Goodland Water District. On April 22, 1980,
the Board approved Ordinance Number 80 -43 amending and superseding Ordinance 75 -5 to
provide Goodland with the powers of a Municipal Services Taxing and Benefit Unit. This was
necessary for the public health, safety, and general welfare of its citizens through the acquisition
and construction of potable water supply and distribution facilities.
Staff's intent in recommending the repeal of this Ordinance, which will dissolve the Goodland
Water District, is to integrate the Goodland potable water service area with the CCWSD to
provide the same level of service throughout the CCWSD. Therefore, staff is seeking
authorization to advertise the attached proposed ordinance to repeal Ordinance Number 80 -43.
Section 5 of the Special Act that created the CCWSD states the powers and duties of the District
Board. Specifically, Section 5 (16) provides:
"To assume ownership, operation, and control of any county, municipality,
district, or authority owned water or sewer system, or both, including the
assumption of the financial liabilities associated with such water or sewer
systems, or both."
Given the history of integration of the customer base of package treatment plant districts into the
CCWSD, the recommended integration is consistent as the CCWSD evolved over the years as an
enterprise utility infrastructure created by the special act. In 1993, there were approximately 80
private package plants that were reduced to about 60 by 1998, 40 by 2001, and 20 by 2009 with
respective service areas. Currently there are 14 package treatment plants operational in the
County. This decrease over time results from private service areas /package plants integrating
into the CCWSD with the goal of all customers being subject to the same level of customer care,
service, and rates as approved by the Board. This process facilitated efficient and quality growth
given the economy of scale and eliminated limiting conditions of service areas /package treatment
plants potential being an impediment to growth.
Goodland includes approximately 300 potable water accounts. The CCWSD operates and
maintains all water storage, retreatment, and distribution infrastructure. Potable water is
purchased in bulk from the City of Marco Island Utility at a wholesale rate. The finished water is
pumped to and held in a storage tank in Goodland, where it is retreated to maintain potable water
regulations, then distributed to Goodland customers. The Goodland user rates approved by the
Board on February 9, 2011 (Agenda Item 8A), per Resolution 2011 -30, Schedule Two of
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11/13/2012 Item 16.C.8.
Appendix A, increased user fees by 5 percent effective April 1, 2011, and by an additional 10
percent on both October 1, 2011, and October 1, 2012. This action will provide the same level of
service, including cost for service, resulting in a reduction in potable water costs to the Goodland
users by approximately half, bringing Goodland users in line with the rates paid by all CCWSD
users.
Following Board adoption of the proposed Ordinance, the Goodland service area rates will revert
to the current CCWSD rates approved by the Board on February 9, 2011, Agenda Item 8A, per
Resolution 2011 -30, Schedule 1 of Appendix A, coincident with the next Goodland billing cycle.
The utility is in the process of preparing new rate studies whereby this transaction will be cost
neutral. Moving forward, integrating Goodland into the CCWSD allows the CCWSD to have a
single district integrated planning and execution program. The Florida Department of
Environmental Protection conducted a Compliance Inspection on the Goodland system on
October 4, 2012. All inspection parameters were found in full (100 percent) compliance, with no
deficiencies recorded.
Several other county ordinances make reference to the Goodland Water District and will need to
be amended to conform to the dissolution and integration of Goodland into the CCWSD. Once
the Board provides direction to proceed with this action, staff will seek authorization to advertise
and bring back amendments to address anv other ordinances referencing Goodland.
FISCAL IMPACT: Proposed actions are cost neutral. CCWSD staff is already responsible for
the daily maintenance, replacements, and repairs in Goodland, including operations and all
Florida Department of Environmental Protection and Environmental Protection Agency
compliance requirements. The 2013 user rate study structure will be designed such that the
integration does not negatively affect short-term or long -term user rates. The Goodland Fund
(441) balance sheet will be absorbed into the CCWSD Operating Fund (408). Budget
amendments will be required to transfer Board- approved operating funds from the Goodland
Fund (441) to the CCWSD Operating Fund (408).
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval - SRT
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
the action.
RECOMMENDATION: That the Board of County Commissioners, as the Ex- officio Governing
Board of the Collier County Water -Sewer District and the Goodland Water District, authorize
advertising the attached proposed ordinance to repeal Ordinance Number 80 -43.
PREPARED BY: Joe Bellone - (Interim) Financial Operations Support Director
Paul Mattausch — Water Department Director
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11/13/2012 Item 16.C.8.
Attachments
Exhibit 1 —
Ordinance 75 -5 approved February 18, 1975
Exhibit 2 —
Ordinance 80 -43 approved April 22, 1980
Exhibit 3 —
Resolution 2011- 30 approved February 9, 2011
Exhibit 4 —
Special Act of the Florida Legislature
Exhibit 5A
— Goodland Balance Sheet at September 30, 2012
Exhibit 5B
— Goodland Income Statement at September 30, 2012
Exhibit 6 —
CCWSD Boundaries Map
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11/13/2012 Item 16.C.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.8.
Item Summary: Recommendation to authorize advertising the attached ordinance
repealing Ordinance Number 80 -43 that created the Goodland Water District.
Meeting Date: 11/13/2012
Prepared By
Name: debbie chinn
Title: Administrative Assistant,Utilities Finance Operati
10/26/2012 11:50:59 AM
Submitted by
Title: Manager - Utility Billing & Cust Serv.,Utilities Finance Operations
Name: Joseph Bellone
10/26/2012 11:51:01 AM
Approved By
Name: Joseph Bellone
Title: Manager - Utility Billing & Cust Serv.,Utilities Finance Operations
Date: 10/26/2012 12:49:18 PM
Name: Paul Mattausch
Title: Director - Water,Water
Date: 10/26/2012 1:48:23 PM
Name: Susan Jacobs
Title: Operations Analyst, Public Utilities
Date: 10/26/2012 8:09:30 PM
Name: YilmazGeorge
Title: Administrator, Public Utilities
Date: 10/29/2012 10:26:19 AM
Name: TeachScott
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Title: Deputy County Attomey,County Attorney
Date: 10/30/2012 1:13:27 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/31/2012 8:38:32 AM
Name: GreenwaldRandy
Title: Management /Budget Analyst,Offce of Management & B
Date: 11/1/2012 9:17:18 AM
Name: OchsLeo
Title: County Manager
Date: 11/6/2012 5:11:31 PM
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11/13/2012 Item 16.C.8.
11/13/2012 Item 16.C.8.
ORDINANCE NO. 201.2 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONER
OF COLLIER COUNTY, FLORIDA, AS THE EX OFFICIO
GOVERNING BODY OF THE COLLIER COUNTY WATER-SEWER
DISTRICT AND THE GOODLAND WATER DISTRICT,
REPEALING IN ITS ENTIRETY ORDINANCE NO. 80-43, WHICH
CREATED THE GOODLAND WATER DISTRICT.
WHEREAS, Collier County Ordinance No. 75-5 created the Goodland Water District
with all of the powers and duties prescribed by Section 125.01 (q), Florida Statutes, and
WHEREAS, on April 22, 1980, the Board of County Commissioners ("Board") adopted
Ordinance No. 80 -43, which superseded Ordinance No. 75-5, in order that the Goodland Water
District would be granted the powers and authority of a Municipal Service Taxing and Benefit
Unit under Section 125.01 (1). Florida Statutes, and
WHEREAS, it is the intent cjl-,Fth-� Board to repeal Ordinance No. 80-43 so the Goodland
Vv'awr District maybe dissolved and integrated into the Collier County Water Sewer District; and
WHEREAS. the Board finds that it is in. the interest of health, safety. and welfare of the
Collier County citizens to repeal Ordinance 80-43 in its entirety, which -established the Goodland
Water District.
NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AND AS EX-OFFICIO THF-,
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SE)XrER DISTRICT, that:
SECTION ONE: Repeal of Ordinance No. 80-43.
Collier County Ordinance No. 80-43 is hereby repealed in its entirety.
SECTION TWO: 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 Ordinance,; of Collier County, Florida. The sections of the Ordinance may be renumbered or
re-lettered to accomplish such, and the word be changed to "section," "article,"
or any other appropriate word.
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11/13/2012 Item 16.C.8
SECTION THREE: 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 FOUR: Effective Date.
This Ordinance shall take effect upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County. Florida, this day of
ATTEST�
DWIM-IT E. BROCK. CLERK
0
. Deputy Clerk
Approved as to form
and legal sufficiency:
Scott R. Teach
Deput,, 7 County AttomeN
,2012.
BOARD OF COUNTY CC NIX-11ISSIONERS
COL I, T
ER COUNTY, FLORIDA. ANTI) AS
EX-OFFICIO THE GOVERNING BOARD
OF THE COLLIER C.'OUNITY WATER-
S E � "E, R DISTRICT AND THE
GOODLAND WATER DISCTRICT
By:
FRED V`. COYL E.. CHAIRMAN
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ORDINANCE NO. 75 -5
FE624191� �� OF COLLIER COUNTY
11/13/2012 Item 16.C.8.
_ ORDINANCE CREATING THEGOODLAND WATER DISTRICT
N ITN POWER TO LEVY AD VALOREM TAXES NOT IN EXCESS
OF TEN (10) MILLS.UNDER AUTHORITY OF SECTION 125.01
(q) OF THE FLORIDA STATUTES ;,CALLING A REFERENDUM
ELECTION WITHIN THE DISTRICT; PROVIDING FOR NOTICE;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF;COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
SECTION ONE:
1. There is hereby created the' Goodland Water District with
the powers and duties prescribed by Section 125.01 (q) of the Florida
Statutes including but not limited to the power to; Levy an ad valorem
tax not to exceed ten (10),mills, special assessments and fees, to
hold and dispose of real and personal property and to provide a
water supply for potable, household, fire fighting and other purposes,
to employ and discharge employees and authorize them to enter upon
private property and public property at reasonable times to inspect
and otherwise'perform their duties, to promulgate rules and regulations,
r
and do the other things.implied thereby. The area of the'proposed
District is locatod in Collier County Precinct Number 3 and described
as follows:
• r
All lands lying in Goodland Isles, the First Addition
I
'•'� & nd the Second Addition as recorded in Plat Bock 6,
�Mage 7, Plat Book 8, Pages '1 and 2, and 19 respectively;
ill M 3 o
.._1 .N an:.-also all lands lying in Goodland Heights Amended and First
,ti " �ddition as recorded in Plat'Book 1, Page 85 and Plat
B mVook 4, Page 18 respectively: also all lands lying in
Pettit Subdivision ae recorded in Plat Book.2, Page 88
of the Public Records of Collier County, Florida.
2, A special referendum election is hereby ordered and called
to be held on March 25, 1975 in voting•PreCinat Number Three (3) to
submit to the qualified electors residing in the area described by
Paragraph 1.
* V
i
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11/13/2012 Item 16.C.8.
}lereinabove the question if the District shall be created to
comprise the area so described.
3. The olection ballots shall be'substantially in the form that
followas
OFFICIAL ZALLOT
GOODLAND WATER DISTRICT CREATION
ELECTION MARCH 25, 1975
6hall there be created a special tax district to be
known an'the Goodland Water District with the power
to levy a maximum often .(10) mills of ad valorem
taxes and special assessments and fees without limit
necessary to provide a water supply for potable, fire
fighting and other uses?
FOR
AGAINST
4. The clerk to the Board shall publish notice of this election
once a week for four (4),consecutive weeks prior to the election, the
first publication to be at least thirty (30) days prior to the
election. The notice shall be in substantially for following form
followed by the area description in Paragraph I above:
"NOTICE OF.SPECIAL ELECTION
GOODLT\ND WATER DISTRICT CREATION.
)
Notice is hereby given that a special election
among the qualified electors residing within the area .
described below shall be held on March 25, 1975 in
voting Precinct Number Three (3) to determine if the
proposed Goodland Water District shall be created to
acquire personal and real,property, operate facilities
• and furnish a water supply for potable, fire fighting
and other purposes with an ad valorem tax levy not to
exceed ten (10) mills and 'special assessments and fees
without limit necessary to provide a water•supply for
X16WOC L.-J,
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11/13/2012 Item 16.C.8.
potable, fire fighting and other uses, all within
the area described as followst"
evr- T^" mere.
1. This ordinance shall be liberally construed to effectuate
its public purpose.
2. If any portion, phrase or word of this ordinance is held
invalid or unconstitutional, the remaining parts shall not be affected.
3. Waiver of Notice.
The Board of County Commissioners hereby waives notice
requirements by a four fifths (4/5) vote declaring that an emergency
exists necessitating the immediate enactment of this Ordinance. The
Clerk to the Board shall file a certified copy of this Ordinance in
the Department of Stato as soon after its enactment as is practicable
by registered, special delivery mail.
4. Effective Date.
This Ordinance shall not become effective until after adoption,
filing with the Secretary of State, and upon receipt of official
acknowledgment from the Secretary of State of the certification by
the Board of County.Commissioners of Collier County and it's Clark
that this Ordinance was approved by referendum election.
ENACTED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA THIS 18th DAY OF
FEBRUARY, 1975.
ATTESTi
MARGARET T. SCOTT
Clerk of Circuit Court
Deputy Cler
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By 1,
Thomas P. Arc er, a rman
Approved as to form and legalitys
David Emerson Bruner
Collier County Attorney
t r�.Nyq
Ve
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nkV •,; �`�.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By 1,
Thomas P. Arc er, a rman
Approved as to form and legalitys
David Emerson Bruner
Collier County Attorney
t r�.Nyq
Ve
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11/13/2012 Item 16.C.8
ORDINANCE NO.�fI3
AN EMERGENCY ORDINANCE OF COLLIER
COUNTY, FLORIDA, AMENDING AND SUPER-
SEDING COLLIER COUNTY ORDINANCE NO.
75 -5 CREATING THE IGOODLAND WATER DIS-
TRICT FOR THE PURPOSE OF PROVIDING
THAT SUCH DISTRICT SHALL BE AND HAVE
ALL THE POWERS OK A MUNICIPAL SERVICE
TAXING AND BENE!FiT DISTRICT UNDE111
SECTION 125.01(1), FLORIDA STATUTES AN i- A
THE POWERS OF A WATER AND SEWER DI �`' m
TRICT UNDER CHAPTER 153 FLORIDA STA
UTES FOR THE PURPOSE OF PROVIDIN" m
WATER FACILITIES IN THE UNINCORPORATE �� M p
AREA OF COLLIER COUNTY COMPRISING SUC. -
DISTRICT; AUTHORIZING THE ACQUISITION
AND CONSTRUCTION IOF WATER SUPPLY AND
DISTRIBUTION FACILITIES AND APPURTENANT
FACILITIES IN SUCH DISTRICT; PROVIDING
FOR THE ISSUANCE OF BONDS BY SUCH
DISTRICT TO FINANCE THE COST THEREOF;
PROVIDING FOR THE PAYMENT OF SUCH
BONDS FROM REVENUES DERIVED FROM THE
OPERATION OF SUCH FACILITIES, ASSESS-
MENTS AGAINST PROPERTIES SPECIALLY
BENEFITED BY SUCH FACILITIES, TAXES
WITHIN SUCH DISTRICT ONLY AND OTHER
FUNDS OF SUCH DISTRICT OR COLLIER
COUNTY DERIVED FROM SOURCES OTHER
THAN AD VALOREM TAXATION AND LEGALLY
AVAILABLE FOR SUCH PURPOSE; AND PROVID
ING THE METHOD BY WHICH THIS ORDINANCE c"
SHALL BECOME EFFECTIVE. ^1 �.-
9 r-{
WHEREAS, by Collier County Ordinance No. 75 -5 duty enacted 6y Q6 1
Board of County Commissioners (the rBoard ") of Collier Countyp 4F lorldir�-(tRi�
"County), a copy of which ordinance was duly filed In the gfice &% the
Secretary of State of Florida on February 20, 1975, and by special referen-
dum election duly called to and by sold Ordinance No. 75 -5, the Goodland
Water District (the "District ") was created for and comprising the following
described area of the County:
All unplatted lands lying East of the Westerly,
North -South section line of Sections 18- and 19,
Township S2 South, Range 27 East and the
platted lands lying in Goodiand labs, the First
Addition and the Second Addition as recorded
In Plat Book 6, Page 7; Plat Book 8, Pages 1
and 2; and Plat Book 18, Page 19 respectively;
and all lands lying in Goodland Heights Amended
and First Addition as recorded In Plat Book 1,
Pape 85 and Plat Book 14, Papa 18 respectively;
and all lands lying in Pettit Subdivision as re-
corded ' in Plat Book 2, Page 88 of the Public
Records of Collier County, Florida; all commonly
known as Goodland.
whit iMarea shall hereinafter be referred to as the "area of the District ;" and
GOOK 031 Pa i76
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�- -� 11/13/2012 Item
16.C.8.
WHEREAS, pursuant to Article V11, Section 1 of the V. G„m
State of Florida and Section 125.66, Florida Statutes, the Board has all powers
of local self - government to perform county functions and to render services
In a manner not inconsistent with general or special law and such power may
be exercised by the enactment of County Ordinances; and
WHEREAS, pursuant to Section 1125.01(1), Florida Statutes, the Board
i
;
has the power to create municipal service taxing or benefit units within
which service charges, special assessments and taxes may be levied and
within which may be provided municipal services and facilities, for any part
or all of the unincorporated area of the County, and the Board has the Im-
plied powor under sold Sections 12S.66 and 125.01(1) to grant to special dis-
tricts heretofore created any rights and powers which It might have granted
upon the Initial establishment of such special districts and which are not
inconsistent with general or special law; and
t
WHEREAS, it Is necessary for the public health, safety and general
i
welfare of the County and Its citizens and Inhabitants that provision be made
i
for the acquisition and construction of water supply and distribution facilities
and related facilities which shall serve Ithe area of the District and its citizens
and Inhabitants and for financing the cost of such projects; and
WHEREAS, it Is in the best interest of the public health, safety and
general welfare of the County and Its citizens and Inhabitants that the District
be granted the powers and authority of a municipal services taxing and
;
benefits district and such other powers as are necessary for the purpose of
providing such water facilities for the area of the District;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION 1. - Definitions. As used In this ordinance, the following
words and terms shall have the following meanings, unless some other meaning
y
Is plainly Intended:
(1) "Act" shall mean Chapter 125, Florida Statutes.
(2) "Assessments" shall mean the proceeds to be derived from assess -
ments to be levied against the lands and properties to be specially benefited
`
by the construction of any project, Including Interest on such assessments
j
and any penalties thereon and moneys received upon the foreclosure of the
liens of any such assessments, but excluding money recovered for the expense
of collection of Assessments.
(3) "Board" shall mean the Board of County Commissioners of Collier
County and, ex officio, governing body, of the District.
(4) "Bonds" shall mean the obligations issued by the District under the
provisions of this ordinance to pay the Cost of a Project or combination of
one or more Projects, the principal of iand premium, if any, and Interest on
which shall be payable from the revenues derived from the operation of one
or more Projects, Assessments, ad valorem taxes within the District only or
any other funds of the District or of the County derived from sources other
than ad valorem taxation and legally available for such purpose.
(5) "Cost ", when used in connection with s Project, shall mean all
expenses necessary, appurtenant or Incidental to the acquisition end con-
struction of such Project, including without limitation the cost of any land or
Interest therein or of any fixtures, iquipment or personal property necessary
600K 0 2l I fACE it
--- .._... -- - -_. _ ....
_.__.
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11/13/2012 Item 16.C.8.
or convenient therefore, the cost of labor and materials to complete such
construction, engineering and legal expenses, fiscal expenses for plans,
specifications and surveys, Interest during construction, administrative ex-
penses related solely to the acquisition, and construction of the Project and all
expenses Incident to the financing of the Project and the Issuance of Bonds
(6) "County" shall mean Collier County, Florida.
(7) "District" or "Goodland Water District" shall mean the municipal
services taxing and benefits district treated hereby for and comprising the
area of the District described above.
(8) "Project" shall mean any Water System or any extension of or im-
provement thereof, or any combination thereof, and shall include all property
and rights, easements and franchises relating thereto and deemed necessary
or convenient for the acquisition, construction or operation thereof.
(9) "Water System" shall mean and Include any system, facility, plant,
or other property used or useful or having the present capacity for future
use in connection with obtaining, purifying and supplying of water for human
consumption, fire protection, Irrigation or consumption by business or Indus-
try and, without limiting the generality of the foregoing, shall embrace wells,
reservoirs, tanks, pumps, pipes, mains and all necessary or convenient
appurtenant equipment.
SECTION 2. THIS ORDINANCE TO BE DISTRICT CHARTER. Upon the
effective date of this ordinance, determined as provided in Section 5 hereof,
this ordinance shall amend said Ordinance No. 75 -5 In Its entirety and super-
sede the same as the charter of the D1strlct. The District shall be a public
body corporate and politic. The Board shall be ex- officio the governing
board of the District.
SECTION 3. POWERS OF DISTRICT.
A. The District shall have and !exercise all of the powers granted by
or Implied by the Act with respect to municipal services taxing and benefit
units created under the Act, including without ilmltatlon the power to acquire,
construct, eroct, equip, operate and maintain Projects and finance the Cost
thereof with the proceeds of Bonds of Ithe District, which Bonds the District
Is hereby authorized to issue; to levy an ad valorem tax not to exceed ten
(10) mills, special assessments and fees; to hold and dispose of real and
personal property; and to employ and discharge employees and authorize them
to enter upon private property and public property at reasonable times for
Inspections related to the operation of any Project and otherwise perform their
duties; to promulgate rules and regulations; and to do all other things neces-
sary to convenient with respect to or reasonably implied by the foregoing.
B. As supplemental or alternate suthority to carry out the purpose of
the District, the District shall have and exercise all the powers granted to
water and sewer districts under- Chapter 153, Part 11, Florida Statutes.
SECTION 4. ASSESSMENTS. The District may provide that the Cost of
any Project or any part thereof be assessed against the lots and parcels of
real property in the area of the District specially benefited by such Project
or part thereof and for the Issuance of (Bonds payable from such Assessments,
and the District, In addition to, or conjunction with, the powers granted
herein may proceed under the provisions of Chapter 170, Florida Statutes, as
dou 4 1 PgE 178
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11/13/2012 Item 16.C.8.
if the District were a municipality and the proposed Project were one de-
scribed In Section 170.01 of such Chapter, except as hereinafter provided
otherwise;
Special assessments against properties deemed to be benefited by a
Project shall be assessed upon such j properties in proportion to the benefits,
determined and prorated on a fiat rate basis (providing an equal assessment
upon each lot or parcel assessed), for based on the respective areas of the
properties assessed, or according Ito the front footage of the respective
properties assessed or on such other basis as the Board may prescribe as
being most equitable and fair under the circumstances.
The Board may declare that any assessments may be made payable In not
more than forty (40) equal yearly Installments, with Interest on the unpaid
balance thereof at a rate per annum determined by the Board, to which, If
not paid when due, there shall be added the penalty prescribed by such
Chapter.
Bonds payable from such assessments and any other Bonds issued here-
under shall bear Interest at such rate or rates per annum as shall be deter-
mined by the Board, payable annually or semiannually, shall mature at such
time or times not exceeding forty (40) years from the date of their issuance
and shall be sold in such manner and at such price as the Board may' deter-
mine to be in the best Interests of the District, but no such sale may be
made at a price of less than ninety per centum (90V of the par value of the
Bonds.
SECT, ION S. Declaration of Emergency and effective date. The Board
hereby finds and determines that an emergency exists mace*ssitating the Imme-
diate enactment of this ordinance, therefore, notice requirements are hereby
waived and this ordinance shall take effect Immediately upon Its placement In
the U.S. mail to the Secretary of State of the State Florida.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida this 22jldday of Apr? , 1980.
T %t BOARD OF COUNTY COMMISSIONERS
<C�gYI IA� J.•AEAGAN, CLERK COLLIER COUNTY, FLORIDA
4� -e S
,,.. Deputy C ark By:
CLIF O WENZEL, NAIRMAN
STATE OF FLORIDA )
COUNTY OF COLLIER )
Judicial lCircuit, Collier, of'Courts in and
County, Florida, do herebyrcertifysthattthe
foregoing is a true original of:
ORDINANCE NO. 80 -43
which was adopted by the Board of County Commi- sioners during Regular
Session via emergency procedure on April 22, 1980. ,
p11�1�T
WITNESS my hand and the official seal of th ho i'��
missioners of Collier Count Florida, this 22n �' 19 0.
County, �:.� £ iY'•� 1980.
WILLI ' `
DAP /ke /46 -H Clerk O,' c �fi~.. �
ourts an 'C],ark Fx-
officipe q. Eoaxd'.Qf ,C laity
Commis 4t�i =f'' `�� ti
600K 011 PACE 11Q — By I ' Deput'p ' Clark
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11/13/2012 Item 16.C.8.
This ordinance filed with the Secretary of State's Office the
25th day of April, 1980 and acknowledgement of that filing re-
ceived this 28th day of April, 1980.
BY ,
Virgin gz eput er
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11/13/2012 Item 16.C.8.
RESOLUTION NO. 2011 - 30
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF _
COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX OFFICIO THE GOVERNING BOARD
OF THE COLLIER COUNTY WATER SEWER DISTRICT, AMENDING
SCHEDULES ONE, TWO, THREE, AND SIX OF APPENDIX{ A TO
SECTION FOUR OF THE COLLIER COUNTY ORDINANCE NO. 2001-
73, AS AMENDED, TITLED THE COLLIER COUNTY WATER -EWER
DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY
STANDARDS ORDINANCE; AMENDING PROPOSED RATES FOR
WATER AND WASTEWATER SERVICES WITH EFFECTIVE (DATES
OF OCTOBER 1, 2011, AND OCTOBER 1, 2012, FOR SCHEDULES ONE,
THREE, AND SIX; PROVIDES EFFECTIVE DATES OF APRIL 1, 2011,
OCTOBER 1, 2011, AND OCTOBER 1, 2012, FOR SCHEDULE TWO.
WHEREAS, Collier County uses water and sewer user rates to recover system operation,
maintenance, renewal enhancement, replacement and debt service costs from system users within
the boundaries of the Collier County Water - Sewer District; and
WHEREAS, Collier County has retained Public Resources Management Group, Inc.
(Consultant) to review the existing water and sewer user rates and to recommend appropriate
changes to those rates; the Consultant has recommended no rate changes for the next two Fiscal
Years, FY 2012 and FY 2013, to fund improvements to reliability of water and sewer systems, Ate,
payment of debt service, and operating expenses; and
WHEREAS, Collier County has retained the Consultant to review the existing Goodland
water district user rates and to recommend appropriate changes to those rates; the Consultant has
recommended an increase of five (5) percent effective April 1, 2011, and ten (10) percent
effective October 1, 2011, for FY 2012, and ten (10) percent effective October 1, 2012, for FY
2013 to fund the cost of bulk water purchased from the City of Marco Island Utilities and to fund
improvements to reliability of water system; and
WHEREAS, Collier County has retained the Consultant to review the existing Irrigation
Quality (IQ) water user rates and to recommend appropriate changes to those rates; the
Consultant has recommended an increase of 4.5% effective October 1, 2011, and 4.5% effective
October 1, 2012, for Fiscal Years 2012 and 2013 respectively; and
WHEREAS, Staff reviewed the Miscellaneous Charges schedule and recommends a
change to the calculation basis of the illegal connection charges changing it from the average
consumption to consumption charges based on meter size or other alternative basis specified in
the Schedule Six attached; and
Packet Page -2026-
11/13/2012 Item 16.C.8.
WHEREAS, staff has thoroughly reviewed the Consultant's findings and
recommendations and concurs with the recommended changes for water and sewer rates; and
WHEREAS, the Consultant has recommended price indexing rate adjustment in the mid -
cycle years when there is no rate study and if the Consumer Price Index (CPI) exceeds 2.4 %, by
applying one - hundred percent (100 %) of the percentage change over 2.4% in the Miami -Fort
Lauderdale Consumer Price Index (CPI) over all urban consumers as reported by the Bureau of
Labor Statistics as of April each year, to the monthly service availability charges and
consumption / volumetric charges; and
WHEREAS, the Board of County Commissioners finds that it is in the interest of health,
safety and welfare of the customers of the district to accept the recommendations of the
Consultant and from staff.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY
OF COLLIER COUNTY AND AS EX OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER SEWER DISTRICT, that:
The Board of County Commissioners, after advertised public hearing:
I. Accepts the Consultant's and staff's recommendation and proclaims that the water
and sewer user rates, Goodland Water District water user rates, Irrigation Quality Water rates,
and Allowance for Funds Prudently Invested.fees; as set forth in the amended Schedule One to
Appendix A of Ordinance No. 2001 -73, as amended, titled the Collier County Water -Sewer
District Uniform Billing, Operating and Regulatory Standards Ordinance, which amended
Schedule is incorporated herein. These revised water and sewer user rates for Schedule One
attached will take effect at 12:01 A.M. on Saturday, October 1, 2011, for Fiscal Year 2012, and
at 12:01 A.M. on Monday, October 1, 2012, for Fiscal Year 2013; and revised rates for Schedule
Two attached will take effect at 12:01 A.M on Friday, April 1, 2011, and at 12:01 A.M on
Saturday, October 1, 2011, for Fiscal Year 2012, and at 12:01 A.M on Monday, October 1, 2012,
for Fiscal Year 2013; and revised rates for Schedule Three attached will take effect at 12:01 A.M
on Saturday, October 1, 2011, for Fiscal Year 2012 and at 12:01 A.M on Monday, October 1,
2012, for Fiscal Year 2013; and revised rates for Schedule Six attached will take effect at 12:01
A.M on Saturday, October 1, 2011.
2. Proclaims that the price indexing rate adjustment in the mid -cycle years when
there is no rate study and if the Consumer Price Index exceeds 2.4 %, by applying one- hundred-
percent (100 %) of the percentage change over 2.4% in the Miami -Fort Lauderdale Consumer
Price Index (CPI) all urban consumers as reported by the Bureau of Labor Statistics as of April
each year, to the monthly service availability charges and consumption / volumetric charges.
This indexing rate adjustment will go into effect on October 1, of each mid -cycle year when
there is no rate study.
Packet Page -2027-
THIS RESOLUTION ADOPTED after motion;
adoption this `� day , 2011.
Al
,rFIT E, $WOCK, CLERK
�± Atte , Deputy Clerk
Approval as to form
and legal Sufficiency:
Jenm r B. White
Assistant County Attorney
11/13/2012 Item 16.C.8.
second and majority vote favoring
,a:aiaitlflrilri
BOARD OF COUNTY CC?Iv miss' IONERS •'�;
OF COLLIER COUNTY;' ;FLORIDA, AS
THE GOVERNING BOGY OF COLLIER
COUNTY AND AS Ek OFFICIO "THE
GOVERNING BOARD OF-THE COLLIER
COUNTY WATER SEWER DISTRICT
ljlliliJ:11''
By:
FRED W. COYLE, CHA
dares os F-U *10&
;Ounty of COWER
1 HEREBY CERTIFY IUAT'this.Is a Ia no
.orrea coy of a cocumgnt an am in
Board Mhuto aW ftown ott' MW Cam►
'MIT#4 my "61 (oft
U49 —
3
Packet Page - 2025 -
11/13/2012 Item 16.C.8.
PUBLIC UTILITIES DMSION
COLLIER COUNTY WATER -SEWER DISTRICT
UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE
APPENDIX A - FEES, RATES AND CHARGES
SCHEDULE 1 - DISTRICT -WIDE WATER AND WASTEWATER RATES Pace 1 of3
1. WATER
S2.42
52.42
5242
Black 2
E:bthg
3A4
3.64
Black 3
Maathly Rates III
Proposed
Mm*L Run 121
Black 4
EBeetive
Elective
Etiee"
Block 5
October 1, 2010
October 1, 2011
October 1, 2012
WATER SERVICE AVAILABILITY CHARGES
9.67
9.67
9.67
(Aes{iendst, Maltifamgy. Coaamereial,
- 51 to 75
76 to 120
Over 12o
rd 1-421Na Only)
Mawif
a to 20
21 to 40
41 to 90
SA"
$17A3
- - $17.63
S17A3
314"
t7A3
17.63
17.63
I"
35.92
3032
3L92
1 -114"
49.20
49.20
49.20
I -W"
74.20
74.20
74.20
2"
116.40
11,L"
116.45
3"
21532
21532
21532
4"
356.45
356AS
356.45
6"
70937
70937
7W.27
S.
1.132.64
1,132*
1,132A4
10"
21049.94
2,049.94
- 2.049.94
12"
2.768.73
2,760.73
2,76&73
VOLUME CHARGE PER 1,400 GALLONS
(Residential. Mtdtifaasay, Commercial
andlrription Only)
Black I
S2.42
52.42
5242
Black 2
3.*
3A4
3.64
Black 3
4.94
4im
4.54
Black 4
6.05
6.40
6.05
Block 5
7.25
725
7.25
Block 6
9.67
9.67
9.67
BLOCK RATE STRUCTURE
- 51 to 75
76 to 120
Over 12o
(Resideatial, Maidfam0y, Coma sereiai
a to 20
21 to 40
41 to 90
and Irrigation O.ly)
121 to 200
Over 200
1 -1rs"
0to2s
Caatomytiaa Block
(fboussads of Galloat)
101to .150
mew Sic
Blocffi.I
BkPch
Block 3
Blqck.4
E gdU
Blow 6
513"
0 to S
6 to 10
11 to 20
21 to 30
31 to 50
Over 50
314"
O to S
6 to 10
11 to 20
31 to 30
311450
Over so
i"
0 to 12
13 to 25
26 to 50
- 51 to 75
76 to 120
Over 12o
1 -111"
a to 20
21 to 40
41 to 90
01 to 120
121 to 200
Over 200
1 -1rs"
0to2s
26 to So
Si to too
101to .150
Isl"ISO
Over 250
2"
0 to 40
41 to 50
SI to 160
161 to 240
241 to 400
Over 400
3"
0 to 00
Ill to 160
161 to 320
321 to 4N
431 to 500
over 400
4"
0 to 120
121 to ISO
251 to Soo
SOI to 300
301 to 1,200
Over 1,200
6"
a to 250
251#9500
501 to 1,000
1401 to 1340
1.501 to 2.500
Over 2-50
1"
0 to 450
431 to 900
901 to 1,300
1,001 to 2,700
2,701 io 4.5W
Over 4300
10"
0 to 700
701 to 1,450
I ASI to 2,900
2,901 to 4,300
4 .301 to 7.040
Over 7,000
l2"
010 1,075
1,076 to 2,150
2,151 to 4,300
4.301 to 60450
6451 to 11.000
Over I Low
III Adopted by Rioolotim No. 2010.153,
121 Ratio to become dfeelive vritb the fret full billing cycle far tervke rendered oa and after October tat of each
fLcal yea indicated.
Rate adjuetnwtt reprttaat thepeater of. t) 0.00% (no cbsop); or K) 140% of the aotaal change in: the Miami -Fort LmWerdale CPI
as of April of the preeediag focal year lest 2.4%.
Packet Page -2029-
11/13/2012 Item 16.C.8.
PUBLIC UTILITIES DIVISION
COLLIER COUNTY WATER -SEWER DISTRICT
UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE
APPENDIX A - FEES, RATES AND CHARGES
SCHEDULE 1- DISTRICT -WIDE WATER AND WASTEWATER RATES Page 2 of 3
2. WASTEWATER
Existing
Monthly Rate Ill Proposed Monthly
Rates 121
Effective Effective
Effective
WASTEWATER SERVICE AVAILABILITY CHARGES October 1, 2010 October 1. 2011
October 1, 2012
(Residential, Multifamily, and Commercial)
Meter Size
5/8.,
314" S26.94 526.94
526.94
1., 16.94 26.94
26.94
1 -114" 61.25 61.25
61.25
78.52 78.52
111!2"
78.52
11 &S1
2.. 118.51
118.51
187.26 187.26
187.26
4.. 347.60
4" 347.60
347.60
6„ 576.40 576.40
576.40
811 1,148.69 1,148.69
1,148.69
10" 1,835.65 1,835.65
1,835.65
12" 3,291.09 3,291.09
3,291.09
4,877.93 4,877.93
4,877.93
VOLUME CHARGE PER 1,000 GALLONS
(Residential, Multifamily, and Commercial)
All Usarc 131
53.79 53.79
$3.79
II I Adopted by Resolution No. 1010 -158.
121 Rate to become effective with the first full bitting cycle for service rendered on and after October Ist of each fiscal indicated.
year
Rate adjustments represent the greater of: 1) 0.00% (no change); or if) 100% of the annual change in the Miami -Fort Lauderdale CPI
as of April of the preceding fiscal year less L4 %.
131 Monthly individually metered residential usage charges are capped at 15,000 gallouL
Packet Page -2030-
11/13/2012 Item 16.C.8.
PUBLIC UTILITIES DIVISION
COLLIER COUNTY WATER -SEWER DISTRICT
UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE
APPENDIX A - FEES, RATES AND CHARGES
SCHEDULE 1 - DISTRICT -WIDE WATER AND WASTEWATER RATES Page 3 of 3
3. Fire Systems (Dedicated and Compound):
(a) Fire Meter
(i) Fire Service meter size will refer to the largest diameter meter register
installed for fire protection.
(ii) Fire Service meter connections that have consumption in excess of 5,000
gallons in any one billing period are deemed to have provided domestic or
other water usage and shall be billed according to regular water monthly
availability and usage charges as described herein.
(b) Volume Charge
(i) Per 1,000 gallons
4. Water Restriction Surcharge:
Percent Reduction Goal Flow Charge Rate
Water Shortage Phase* In Overall Demand Adjustment Percentage
Phase 2 - Severe 30% 15%
Phase 3 - Extreme 45% 30%
Phase 4 - Critical 60% 40%
* Per the South Florida Water Management District (SFWMD) Water Shortage Plan
Pursuant to Chapter 40E -21 of the Florida Administrative Code (FAC)
The surcharge will be applicable to the volume charge for all single family and multi-
family residential accounts for all consumption greater than Block 2, to non - residential
accounts for all consumption greater than Block 1, and to irrigation accounts only for all
consumption. The Block Structures are specified in Section One above. The surcharge is
not assessed against the service availability charge.
The water restriction surcharge will start on the first billing cycle of the month following
the imposition of the restrictions. The surcharge will cease on the first billing cycle of the
month following the revocation or lifting of the restrictions.
Packet Page - 2031 -
11/13/2012 Item 16.C.8.
PUBLIC UTILITIES DWISION
COLLIER COUNTY WATZR4EWER DISTRICT
UNIFORM Sin ING, OPERATING, AND RRGULATORY STANDARDS ORDINANCE .
APPENDIX A - n= RATES AND CRARGES
M=5111 - GOODLAND WATER RATES P t of 1
h fidot � aaer fen for r addeUY mad a rwldanWl pnpertla Y DlMrtel r "Bows:
1. Water
zl* t
MoMMr Rata Il l I'rvooed Mee1Mv Roan 121
[Recife NfaOn dfeWve Effect"
October 1. and ApB 1,2901 Owber 1.2"7 Ow"er 1, 2M 2
WATER SERVICE AVAILABILITY CHARGES
533.36
79.34
(Rnldmld, MWIllaody. CanwercW cord lnitaWw Oay)
B>rJ�
137.95
150.75
904"
M25
527.57
1
60.90
63.95
Mir
112.65
124,5!
2"
156.6
19635
3"
- 379.65
329.29
5,54
575A0
64.17
10.32
1,149.73
1,20734
r
2,065.35
2,165.62
VOLUME CHARGE PER I.01d GALLONS
41 tome
01 0 120
0411dmfd, Moblfaody, Cwt" -ereW sod Irritd90a Oidy)
Over 290
2"
Bloc` 1
$4.52
54.75
Biwk 2
5.37
5.25
Block 3
C72
7.06
B90dt 4
7.77
L14
Block S
2.93
9.31
Nod` 6
11.13
11.69
BLOCK RATE STRUCTURE
Onr 900 .
6"
(RalOedb. Mubifeedty, CaesercW Md IrrMdian Only)
121 to 210
251"5"
530.32
533.36
79.34
77.3E
137.95
150.75
215.17
237."
422.11
470.92
6"J"
731.W
1.327.97
1.460.76
2,355.42
2,624.93
55.23
SS.75
6.44
7.95
7.77
5,54
2.95
9.22
10.32
1135
12.56
14.15
L The odic ckww will be adJMed booed an the fo0owiq forwtrla;
Paecbn d Wda Adi-oVo wt CLOSe RWAC) Eridhre Rata
(New Cin of Magee bird Vokane Chartc - Old C1n of Mena Island Valuoe Choy) -Adder
0.75
Eibdat Goodkwdl S I MEd + Adder - N- G.odload 5 / M19
7k Pon.- of dw `75 f.a.r So -oiled r.dlor f.... --" f «.,Ier w Ne crrp. to d,e _ay
RSed c4arla from die City of Moran bared.
For Each Rate SIM&
EaWfnt Rat, Nock S / Mtal + Adder - Ncw Roo S / Mtai
It Adapted by Roa90r1.o 301d615L
121 Raul to baaew dren6c with dw Mat SW bBliot cycle 1.r eenia reordered ore and after Odaber la d esh feral n=be(cowt
Packet Page -2032-
0
- -_-
Comm otkm Nod[
rnwou0do f Gallow)
!!1dCC.4Rt
3R" "
Bpfla
0905
XIIJll
69010
BBEk3
11"20
Block
M1.90
Blark:
311.4
Blatlt6
Ovcr90
1"
61.3
61010
11w30
211030
31050
One so
1 -114"
11"12
139025
26oso
51 o75
76w120
0ver120
01020
21 to 40
41 tome
01 0 120
121 1. 2M
Over 290
2"
0"25
uo30
51 to IM
1010190
151 9e29)
Over 250
J.
0010
clots
Not"
141 to 3"
241.to 490
ova 4w
1"
01.90
91 to 1"
1611.330
321 repo
pl to no
Onr 900 .
6"
010129
121 to 210
251"5"
901 to so
MI"I.=
Owl3w
r
d to 250
251 M 590
501 to [.Me
IAN 90134
1301 "2500
Ovxr 2300
0"450
451 w 9
901 ft Sim
SAM 6. 2,7M
;7" "1,54
Over 4-4a
L The odic ckww will be adJMed booed an the fo0owiq forwtrla;
Paecbn d Wda Adi-oVo wt CLOSe RWAC) Eridhre Rata
(New Cin of Magee bird Vokane Chartc - Old C1n of Mena Island Valuoe Choy) -Adder
0.75
Eibdat Goodkwdl S I MEd + Adder - N- G.odload 5 / M19
7k Pon.- of dw `75 f.a.r So -oiled r.dlor f.... --" f «.,Ier w Ne crrp. to d,e _ay
RSed c4arla from die City of Moran bared.
For Each Rate SIM&
EaWfnt Rat, Nock S / Mtal + Adder - Ncw Roo S / Mtai
It Adapted by Roa90r1.o 301d615L
121 Raul to baaew dren6c with dw Mat SW bBliot cycle 1.r eenia reordered ore and after Odaber la d esh feral n=be(cowt
Packet Page -2032-
0
11/13/2012 Item 16.C.8.
PUBLIC UTILITIES DIVISION
COLLIER COUNTY WATER -SEWER DISTRICT
UNIFORM BILLING, OPERATING, AND REGULATORY STANDARDS ORDINANCE
APPENDIX A - FEES, RATES AND CHARGES
SCHEDULE 3 - IRRIGATION QUALITY WATER RATES Page 1 of 1
Existing
Monthly Rates [11 Proposed Monthly Rates [21
Effective Effective Effective
10/1/2008 10/1/2011 10/1/2012
SERVICE AVAILABILITY CHARGE
Meter Size
5/8"
55.40
55.64
55.90
3/4"
5.40
5.64
5.90
1"
11.80
1233
12.89
1 -1R"
24.70
25.81
26.97
2"
4930
51.52
53.84
3"
97.60
101.99
106.58
4"
195.20
203.98
213.16
6"
371.00
387.70
405.14
8"
673.40
703.70
735.37
10"
1,077.65
1,126.14
1,176.82
12"
1,605.20
1,677.43
1,752.92
VOLUMETRIC CHARGE PER 1,000 GALLONS
Customer Type:
Bulk
5032
$0.33
5035
Pressurized
0.41
0.43
0.45
Pressurized and Distributed
0.81
0.85
0.88
[11 Adopted by Resolution 2008 -221.
121 Rates to become effective with the first full billing cycle for service rendered on and after October 1st of each
fiscal year indicated.
Packet Page -2033-
11/13/2012 Item 16.C.8.
PUBLIC UTILITIES DIVISION
COLLIER COUNTY WATER -SEWER DISTRICT
UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE
APPENDIX A -. FEES, RATES AND CHARGES
SCHEDULE 6 - MISCELLANEOUS CHARGES Page 1 of 1'
_ _ Summary of Miscellaneous Charges
DESCRIPTiUN Effective October 1, 2010 Effective October 1, 2011
New Accounts - Change of Ownership SX00 S23.00
Tura of -Tora On at Ow&ees Request 550.00 550.00
i
Meter Re -Read (if different - charge is SO) 550.00 $50.00
Meter Data Log Analysis 550.00 550.00
Meter Test:
Ouske Test (were than 3% error. charge is SO) S140.00 5140.00
Offake Beach Teat (more than 3% error - charge is SO) 5250.00 S250.00
Meter Lock 555.00 $55.00
Meter Unlock, 2ad and Subsequent Events 555.00 555.00
Unlock after normal busines hours $100.00 S100.00
Meter Pall
5110.00 5110.00
Meter Removal Actual time and material cost Actual time and material cost
Discontinuance of Service - Meter Removal Actual time and material cost Actual time and material cost
Illegal waecetioa Actual time and material cost, Actual time and material cost,
plus avenge consumption, plus consumption * *, pins a
plus a $300.00 fine 5300.00 fine
Convenience Fee - Credit Card
50.00
50.00
'Temporary Meter Deposit
S11000.00
51,000.00
Duplicate Bill Processing Fa
52.00
52.00
NowSufficient Funds (NSF) Processing Charge
per Actual Bank Charge
assessed plus Admin fee of 5%
per Actual Bank Charge
assessed plus Admin fee of 5%
of the amount or 5100,
whichever is smaller
of the amount or 5100,
whichever is smaller
Late Payment Penalty
5% of unpaid balance
5% of unpaid balance
Vehicle Over Meter Charge
560.00
560.00
Removal of landscaping to Access Meter
580.00
S80.00
Septage Processing Cbargeri,000 gallows
S35.00
535.00
Grease Trap Waste Chargdf,000 gallows
545.00
S45.00
•- COasaaeptioa tharges to be bwed on meter size, calculated by time
coamectod, or average carom apfba, or loo,we gaUoas
Packet Page -2034-
A n n tl-
a� 3+� 3 11/13/2012 Item 16.C.8.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
`r 2003
HB 0849
1 A bill to be entitled
2 An act relating to the Collier County Water -Sewer
3 District, an independent special district in Collier
4 County; codifying, amending, reenacting, and repealing the
5 District's special acts; providing legislative intent,
6 jurisdiction, and restrictions with regard to the City of
7 Naples, Everglades City, the Immokalee Water and Sewer
8 District, the City of Marco Island, the geographic area
9 called Golden Gate, and other specified unincorporated
10 areas of Collier County; providing definitions; providing
11 authority with regard to adoption of rates, fees, and
12 charges and issuance of bonds, trust funds, and trustees;
13 providing for covenants of District Board with
14 bondholders; providing that unpaid fees constitute liens;
15 providing for publication of notice of issuance of bonds
16 and that bonds shall have the qualities of negotiable
17 instruments; providing for rights of holders and annual
18 reports of the District Board; continuing provisions for
19 District bonds as securities for public bodies; providing
20 for contracts for construction of improvements and sealed
21 bids, and special assessments; prohibiting free water and
22 free sewer service; providing for impact fees; providing
23 for conveyances of property without consideration;
24 providing for District approval of construction of water
25 and sewage facilities; providing for construction;
26 providing for penalties and enforcement; repealing
27 chapters 73 -437, 74 -462, 77 -531, 78 -489, 78 -492, 80 -484,
28 82 -280, 88 -499, 89 -452, and 96 -451, Laws of Florida;
29 providing an effective date.
30
Page 1 of 31
CODING: Words s4+s+4ea are deletions; words underlined are additions.
Packet Page -2035-
F L O R I D A H O U S E O F
'Rr
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
so
51
52
53
54
55
56
57
58
59
60
11/13/2012 Item 16.C.8.
R E P R E S E N T A T I V E S
H B 0849 2003
Be It Enacted by the Legislature of the State of Florida:
Section 1. Pursuant to section 189.429, Florida Statutes,
this act constitutes the codification of all special acts
relating to the Collier County Water -Sewer District, an
independent special district and public corporation of the
state. It is the intent of the Legislature in enacting this law
to provide a single, comprehensive special act charter for the
District, including all current legislative authority granted to
the District by its several legislative enactments and any
additional authority granted by this act. It is further the
intent of this act to preserve all District authority, including
the authority to annually assess and levy taxes or non -ad
valorem assessments against all assessable property in the
Section 2. Chapters 73 -437, 74 -462, 77 -531, 78 -489, 78-
492, 80 -484, 82 -280, 88 -499, 89 -452, and 96 -451, Laws of
Florida, are amended, reenacted, codified, and repealed as
herein provided.
Section 3. The charter for the Collier County Water -Sewer
District is re- created and reenacted to read:
Section 1. Legislative intent. - -It is declared as a matter
of legislative determination that the extensive growth
population and attendant commerce throughout Collier Countv
continue to give rise to public health and water supply
concerns, in that many of the unincorporated areas of Collier
County are not served by water and sewer facilities normally and
generally provided and maintained by governmental agencies and,
instead, are served by private wells and privately -owned package
sewage treatment plants or septic tanks; that the proliferation
Page 2 of 31
CODING: Words stpiAk;;A are deletions; words underlined are additions.
Packet Page -2036-
11/13/2012 Item 16.C.8.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
,�`
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61 of such package sewage treatment plants and use of septic tanks
62 poses a significant risk of contamination of water supply
63 sources for both incorporated and unincorporated areas of
64 Collier County; that it is the intent of the Legislature to
65 continue to authorize the Board of County Commissioners of
66 Collier County to act as the governing board (District Board) of
67 the Collier County Water -Sewer District with overall
68 responsibility for the provision of water and sewer services to
69 specified geographic areas of Collier County as hereinafter
70 provided.
71 Section 2. Collier Countv Water -Sewer District
72 reestablished. - -This District is a political subdivision of the
73 state and a body corporate and politic. The Board of County
74 Commissioners of Collier County shall be the governing board of
75 the District with rights, powers, and responsibilities as
76 provided in this act and by general law, including, but not
77 limited to, the authority to enact ordinances and adopt
78 resolutions, to adopt rules and regulations for its own
79 government and proceeding, and to adopt an official seal for the
80 District. This act may be known and be cited as the "Collier
81 County Water -Sewer District Act."
82 Section 3. Jurisdiction, restrictions, and boundaries as
83 applied to the City of Naples, Everglades City, Immokalee Water
84 and Sewer District, Marco Island, Golden Gate, and other
85 unincorporated areas.- -
86 (1) The Collier County Water -Sewer District Board shall
87 exercise -jurisdiction over the provision of water and sewer
88 services within the boundaries as hereinafter provided for. The
89 Board shall be exempt from the provisions of chapter 120,
90 Florida Statutes. No privately -owned water or sewer utility
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91 shall be abandoned without adequate provision for continuance of
92 service and the prior approval of the Board
93 (2) Notwithstanding any other provisions of this act, the
94 District Board shall exercise no -jurisdiction or power of any
95 kind over properties located within the boundaries of the City
96 of Naples water and /or sewer service areas, or Everglades City,
97 as all such boundaries exist on the effective date of this act,
96 except as may be consented to in writing by the respective city
99 councils. The District Board may exercise -jurisdiction and power
100 over properties located within the prior geographic boundaries
101 of the Pelican Bay Improvement District In 1991 the District
102 assumed the bonds of that District and, pursuant to Resolution
103 No. 91 -216 be an serving within that geographic area
104 (3) Any portion of the unincorporated area of Collier
105 County, except the Immokalee Water and Sewer District, and the
106 areas described in subsection (5), paragraphs A.,_ B., C., and
107 D., may be added to the boundaries of the Collier County Water-
108 Sewer District by adoption of a resolution by the District
109 Board. Such resolution may be adopted only after notice of
110 intent to consider the resolution at a public hearing at a
111 specified date, place, and time shall have been published at
112 least once a week for 2 consecutive weeks in a newspaper of
113 general circulation in Collier County. Areas described in
114 paragraphs A., B., C., or D. in subsection (5) can be added to
115 the District's service area as then authorized by law.
116 (4) Nothing in this act shall be construed to negate or
117 otherwise limit the powers, authority, and Jurisdiction of the
116 Board of County Commissioners of Collier County to provide for
119 water and sewer services under then-existing general law in any
120 portion of Collier County.
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121 (5) The boundaries of the District are described as
122 - follows :
123
124 Beginning at the easterly shoreline of the Gulf of
125 Mexico and the North line of Section 6, Township 48
126 South, Range 25 East, Tallahassee Meridian, Collier
127 County, Florida; thence East along the North line of
128 said Section 6 and Section 5 to the Northeast corner
129 of Section 5, Township 48 South, Range 25 East; thence
130 South along the East line of said Section 5 to the
131 Southeast corner of said Section 5, Township 48 South,
132 Range 25 East; thence East along the North line of
133 Sections 9, 10, 11, and 12 cf Township 48 South, Range
134 25 East to the Northeast corner of Section 12,
135 Township 48 South, Range 25 East; thence East along
136 the North line of Sections 7, 8, and 9 to the
137 Northeast corner of Section 9, Township 48 South,
138 Range 26 East; thence South along the East Section
139 line of Sections 9 and 16 to the Southeast corner of
140 Section 16, Township 48 South, Range 26 East; thence
141 East along the North Section line of Sections 22 and
142 23 to the Northeast corner of Section 23, Township 48
143 South, Range 26 East; thence South along the East
144 section line of Sections 23, 26 and 35 to the
145 Southeast corner of Section 35, Township 48 South,
146 Range 26 East; thence South along the East line of
147 Sections 2, 11, 14, 23, and 26 to the Southeast corner
148 of Section 26, Township 49 South, Range 26 East;
149 thence East along the North line of Section 36,
150 Township 49 South, Range 26 East to the Northeast
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corner of said Section 36; thence South along the East
line of Section 36, Township 49 South, Range 26 East
to the Southeast corner of said Section 36; thence
South along the East line of Section 1 to the
Southeast corner of Section 1, Township 50 South,
Range 26 East; thence West along the North line of
Section 12, Township 50 South, Range 26 East to the
Northwest corner of said Section 12; thence South
along the East line of Sections 11, 14, 23, 26 and 35,
Township 50 South, Range 26 East to the Southeast
corner of Section 35, Township 50 South, Ranqe 26
East; thence South along the East line of Section 2,
Township 51 South, Range 26 East to a point of the
East line of Section 2 lying one (1) mile North, as
measured perpendicular to the Northerly right-of-way
line of U.S. 41, State Road 90, Tamiami Trail; thence
Southeasterly along a line lying one (1) mile North,
as measured perpendicular to the Northerly ri ht -cf-
way line of U.S. 41, State Road 90, Tamiami Trail, to
a point on the East Section line of Section 22,
Township 51 South, Range 27 East; thence continue
South along the East Section line of Sections 22, 27
and 34, Township 51 South, Range 27 East, to the
Southeast corner of said Section 34; thence continue
South along the East Section line of Section 3,
Township 52 South, Ran e 27 East, to the intersection
of said East Section line of Section 3 with Black
Water River; thence Southerly along the waters of
Black Water River and Black Water Bay to their
intersection with Gullivan Bay; thence Westerly along
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181 the waters of Gullivan Bay and Sunfish Flat and
182 Caxambas Bay to Caxambas Pass; thence West through
183 Caxambas Pass to the Easterly shoreline of the Gulf of
184 Mexico; thence Northerly along the Easterly shoreline
185 of the Gulf of Mexico to the intersection of the
186 Easterly shoreline of the Gulf of Mexico and the North
187 line of Section 6, Township 48 South, Range 25 East,
168 being the Point of Beginning; AND Beginning at the
189 southwest corner of Section 31, Township 48 South,
190 Range 27 East; thence along the west line of said
191 Section 31, North 01 009'24" West 171.66 feet; thence
192 leaving said west line North 83 050'36" East 127.49
193 feet; thence north 68 011127" East 312.23 feet; thence
194 South 83037'40" East 1074.79 feet; thence North
195 12 038139" East 90.57 feet; thence North 74 034144" West
196 439.84 feet; thence North 89 059'36" West 538.03 feet;
197 thence North 47 032140" West 324.00 feet; thence North
198 29 027134" West 131.44 feet; thence North 06 °47128"
199 West 278.30 feet; thence North 85 009'12" East 1515.99
200 feet; thence North 04 050148" West 350.,00 feet; thence
201 North 89 °57158" East 940.00 feet; thence North
202 22 040109" East 580.00 feet; thence North 32 024'35"
203 West 831.83 feet; thence North 07 023102" West 1884.92
204 Feet; thence North 24 030'12" East 230.40 feet; thence
205 North 63 003'47" East 78.78 feet; thence South
206 60 024'49" East 68.67 feet; thence South 69 035120" East
207 178.33 feet; thence South 66 045154" East 103.57 feet;
208 thence South 41 021125" East 58.77 feet; thence South
209 09 023159" East 146.74 feet; thence South 60 056'19"
210 East 161.95 feet; thence South 86 010'30" East 169.68
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feet; thence South 65 047135" East 108.59 feet; thence
South 61 042119" East 160.73 feet; thence South
51 009120" East 246.90 feet; thence South 17 008146"
East 135.69 feet; thence South 05 030120" East 174.19
feet; thence South 36 022119" East 85.39 feet; thence
South 01 028139" West 193.59 feet; thence South
20 043'55" West 57.31 feet; thence North 89 021'53" East
132.49 feet; thence South 00 038107" East 600.72 feet;
thence North 87 040100" East 1319.77 feet to a point on
the east 1/4 corner of said Section 31; thence along
the east line of said Section 31, South 00 039'23" East
2682.53 feet to the southeast corner of said Section
31; thence along the south line of said Section 31,
South 67 055134" West 5136.08 feet to the Point of
Beginning of the parcel herein described; containing
112,640 acres more or less; subject to easements and
restrictions of record, bearings are based on the
south line of said Section 31, being South 87 055'34"
West; LESS AND EXCEPT all of the following:
A. Any lands lying within the City of Naples water
and sewer service areas as may be revised from time to
time by mutual agreement between the City of Naples
and the County Water -Sewer District of Collier County.
Florida.
B. All lands that are subject to Florida Public
Service Commission Certificate No. 452 -W and Florida
Public Service Commission Certificate No. 386 -S,
heretofore granted to Marco Island Utilities pursuant
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241 to Florida Public Service Commission Order No. 17218;
242 and (LESS and EXCEPT) all lands that are subject to
243 Florida Public Service Commission Certificate No. 470-
244 W and Florida Public Service Commission Certificate
245 No. 405 -S heretofore granted to Marco Shore Utilities
246 pursuant to Florida Public Service Commission Order
247 No. 17218.
248
249 C. All lands known as the City of Golden Gate (an
250 unincorporated area) described as follows:
251 All cf Sections 21, 22, 27, and 28, Township 49 South,
252 Range 26 East, less the East 100 feet of said Sections
253 22 and 27. Also the following described portions of
254 Sections 15 and 16, Township 49 South, Range 26 East.
255 Commence at the Southeast corner of .said Section 15,
256 S. 840 44' 22" W. along the South line of the SE 1/ of
257 said Section 15 for 100.42 feet to a point on the
258 Westerly right -of -way line of State Road No. 858 and
259 the POINT OF BEGINNING; thence continue S. 84° 44' 22"
260 W. 2,555.94 feet to the South 1/4 corner of said Section
261 15; thence S. 840 32125" W. along the South line of the
262 SW 4 of said Section 15 for 2,653.76 feet to the
263 Southeast corner of aforesaid Section 16; thence S. 890
264 51127" W. along the South line of said Section 16 for
265 5,290.68 feet to the Southwest corner of said Section
266 16; thence N. 000 36' 43" W, along the West line of the
267 SW 1/ of said Section 16 for 641.49 feet; thence S. 890
268 57' 11" E., 5,290.05 feet to a point of intersection
269 with the East line of the SE 1% of the said Section 16,
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said point bearing N. 000 41' 07" W. and a distance of
624.00 feet from the Southeast corner of said Section
16; thence East 5,194.36 feet to a point of the
Westerly right-of-way line of State Road No 858;
thence South, along said Westerly right -of -way line,
137.12 feet to the POINT OF BEGINNING, all of the
above lying and being in Collier County, Florida.—,
NOTE: No part of this land is within any boundary of
any municipal corporation.
D. Everglades City; The Immokalee Water and Sewer
District. Because no boundary of the Collier County
Water -Sewer District is now in close physical
proximity to either the Everglades City or to the
Immokalee Water and Sewer District, it is not
necessary to describe with particularity in this act
the geographic boundaries of that City or that
District.
289 Section 4. Definitions. - -As used in this act, the
290 following words and terms shall have the following meanings,
291 unless some other meaning is plainly intended:
292 (1) "District" means theColli r C t W
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e oun y ater -Sewer
District and the geographic boundaries of the District
(2) "Board" or "District Board" means the Board of County
Commissioners of Collier County, acting as the governing board
of the Collier County Water -Sewer District.
297 (3) "Bonds" means revenue bonds and assessment bonds.
298 (4) "District Clerk" means the Cl rk f th C'
e o e ircuit Court
299 and the ex officio Clerk of the Board of County Commissioners of
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Collier County, who shall be clerk and treasurer of the
(5) "System" means the water and /or the sewer system of
the District.
(6) "Sewer system" means and includes any plant, system,
facility, or property and additions, extensions, and
improvements thereto at any future time constructed or acquired
as part thereof, useful or necessary or having the present
capacity for future use in connection with the collection,
treatment, purification, or disposal of sewage of any nature or
originating from any source, including industrial wastes
resulting from any processes of industry, manufacture, trade, or
business or from the development of any natural resources; and
without limiting the generality of the foregoing definition
shall embrace treatment plants, pump stations, lift stations,
valves, force mains, intercepting sewers_ pressure
lines, mains, and all necessary appurtenances and equipment, all
sewer mains and laterals for the reception and collection cf
sewage from premises connected therewith, and shall include all
real and personal property and any interest therein, rights,
easements, and franchises of any nature whatsoever relating to
any such system and necessary or convenient for the operation
thereof.
(7) "Water system" means and includes any plant, system,
facility, or property and additions, extensions, and
improvements thereto at any future time constructed or acquired
as part thereof, useful or necessary or having the present
capacity for future use in connection with the development of
sources, treatment, or purification and distribution of water
329 for domestic or industrial use and, without limiting the
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generality of the foregoing, includes dams, reservoirs, storage
tanks, mains, lines, valves, pumping stations, laterals, and
pipes for the purpose of carrying water to the premises
connected with such system and includes all real and personal
property and any interests therein, rights, easements, and
franchises of any nature whatsoever relating to any such system
and necessary or convenient for the operation thereof.
(8) "Cost" as applied to the acquisition and construction
extensions, additions, or improvements to the system includes
the cost of: construction or reconstruction, acquisition, or
purchase; all labor, materials, machinerv, and equipment; all
lands and interest therein, property, rights, easements, and
f ranchises of any nature whatsoever; financing charges, and
interest prior to and during construction and for not more than
2 years after completion of the construction or acquisition,
extensions, additions, or improvements to the system; the
creation of initial reserve or debt service funds, and bond
discount; plans and specifications, surveys, and estimates of
costs and revenues; engineering, financial, and legal services,
and all other expenses necessary or incidental in determining
the feasibility or practicability of such construction,
reconstruction, or acquisition, administrative expenses, and
such other expenses as may be necessary or incidental to
financinq authorized by this act, and including reimbursement- to
Collier County or to any other person, firm, or corporation for
any moneys advanced to the District for any expenses incurred by
the District or Collier County in connection with any of the
foreqoinq items of cost, or the reestablishment of the District
(9) "Assessable improvements" means that portion or
portions of a sewer system or a water system of a local nature
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360 and of benefit to the premises or lands served thereby and
361 particularly, without limiting the generality of the foregoing,
362 with reference to a sewer system, includes, without being
363 limited to, laterals and mains for the collection and reception
364 of sewage from premises connected therewith, local or auxiliary
365 pumping or lift stations, treatment plants or disposal plants,
366 and other appurtenant facilities and equipment for the
367 collection, treatment, and disposal of sewage; and, with
368 reference to a water system, includes such mains and laterals
369 and other distribution facilities, pumping stations, and sources
370 of supply as are of benefit to the property served by such water
371 system together with incidental equipment and appurtenances
372 necessary therefore.
373 (10) "Revenue bonds" means bonds or other obligations
374 secured by and payable from the revenues derived from rates,
375 fees, and charges collected by the District from the users or
376 future users of the facilities of the system, and which may be
377 additionally secured by a pledge of the proceeds of special
378 assessments levied against benefited property.
379 (11) "Assessment bonds" means bonds or other obligations
380 secured by and payable from special assessments levied against
381 benefited lands, and which may be additionally secured by a
382 pledge of other moneys received by the District.
383 Section S. Powers and duties of the District Board. - -The
384 Collier County water -Sewer District Board shall have the
385 following powers and duties in addition to and supplementing
386 other powers granted in this act and powers granted to counties
367 by general law:
388 (1) To construct, install, erect, acquire, and to operate,
389 maintain, improve, extend, or enlarge and reconstruct a water
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system or a sewer system, or both, within the geographic
boundaries of the District and the environs thereof and to have
the exclusive control and -jurisdiction thereof; and to issue its
revenue bonds or assessment bonds, or any combination of the
foregoing, to pay all or part of the cost of such construction,
reconstruction, erection, acquisition, or installation of such
water system, sewer system, or both
(2) To regulate the use of sewers and the supply of water
within the District's boundaries and to prohibit the use and
maintenance of outhouses, privies, septic tanks, package sewage
treatment plants, or other unsanitary structures or appliances
(3) To fix and collect rates, fees, and other charges
(including impact fees and system development charges) to
persons or property or both for the use of the facilities and
services provided by the water system or sewer system or both,
and to fix and collect charges for making connections with the
water system or sewer system, and to provide for reasonable
penalties on any users or property for any such rates, fees, or
charges that are delinquent.
(4) To acquire in the name of the District by purchase,
gift, or the exercise of the ri ht or eminent domain, pursuant
to chapters 73 and 74, Florida Statutes, such lands and rights
and interests therein,-includinSLlands under water and riparian
rights, and to acquire such personal -property as it may deem
necessary in connection with the construction, reconstruction,
improvement, extension, installation, erection, or operation and
maintenance of the system, and to hold and dispose of all real
and personal property under its control The power of eminent
domain may be exercised both within and outside the boundaries
of the District but within the boundaries of Collier County. The
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420 eminent domain powers of the District as authorized in this
421 section may not be exercised in the areas specifically excluded
422 from the District's jurisdiction and boundaries in section 3,
423 except as provided in this section for the exercise of such
424 jurisdiction or for the addition to the boundaries of the
425 District of such specific areas.
426 (5) To exercise exclusive jurisdiction, control, and
427 supervision over the system, or any part thereof owned,
428 operated, or maintained by the District and to make and enforce
429 such rules and regulations for the maintenance and operation of
430 the system as may be, in the judgment of the Board, necessary or
431 desirable for the efficient operation of the system or
432 improvements in accomplishing the purposes of this act.
433 (6) To restrain, enjoin, or otherwise prevent the
434 violation of this law or of any resolution, rule, or regulation
435 adopted pursuant to the bowers granted by this act or by general
436 law.
437 (7) To join with any other districts, cities, towns,
438 counties, or other political subdivisions, public agencies, or
439 authorities in the exercise of common powers.
440 (8) To contract with other private or public entities or
441 persons to provide or receive a water supply or for sewage
442 disposal, collection, or treatment or to operate the water or
443 sewer system of such entity or person.
444 (9) To prescribe methods of pretreatment of industrial
445 wastes not amenable to treatment with domestic sewage before
446 accepting such wastes for treatment and to refuse to accept such
447 industrial wastes when not sufficiently pretreated as may be
448 prescribed, and by proper ordinance or resolution to prescribe
449 penalties for the refusal of any person or corporation to so
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pretreat such industrial wastes.
(10) To require and enforce the use of its facilities
whenever and wherever they are accessible, and to require and
enforce the installation and dedication to the District of water
and /or sewer facilities and easements as a condition precedent
to the provision of service by the District or by another entity
authorized by the District to provide interim service until
District facilities are available.
(11) To sell or otherwise dispose of the effluent, sludge,
or other byproducts as a result of sewage treatment
(12) To accomplish construction by awardin , letting, or
entering into contracts for all or any art or parts of the
construction of the system in accordance with the Collier County
Purchasing Ordinance, and any successor or superceding
ordinance, and the Collier County Purchasing Policy Resolution,
and any successor or superceding resolutions
(13) To construct and operate connecting, intercepting, or
outlet sewers and sewer mains and pipes and water mains,
conduits, or pipe lines in, along, or under any streets, alleys,
highways, or other public places or ways regulated by or under
the jurisdiction of the state or the county or any municipality
or political subdivision when necessary or convenient for the
purposes of the District.
(14) Subject to such provisions and restrictions as may be
set forth in the resolution authorizing or securing any bonds or
other obligations issued under the provisions of this act, to
enter into contracts with the government of the United States or
any agency or instrumentality thereof, with the state or any
agency or instrumentality thereof, or with any county,
municipality, district, authority, or political subdivision,
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private corporation, partnership, association, or individual, or
any combination(s) thereof, providing for or relating to the
treatment, collection, and disposal of sewage, or the treatment,
supply, and distribution of water and any other matters relevant
thereto or otherwise necessary to effect the purpose of this
act, and to receive and accept from any federal or state agency
grants or loans for or in aid of the planning, construction,
reconstruction, or financing of improvements, additions, or
extensions to the system and to receive and accept aid or
contributions or loans from any other source of either money,
property, labor, or other things of value, to be held, used, and
applied only for the purpose for which such grants,
contributions, or loans may be made.
(15) To enter into interlocal agreements with any
municipality, county, district, authority, or political
subdivision for any corporate purpose of the District,
including, but not limited to, borrowing money for construction
of improvements, additions, and extensions to the system.
(16) To assume ownership, operation, and control of any
county, municipality, district, or authority owned water or
sewer system, or both, including the assumption of the financial
liabilities associated with such water,or sewer system, or both.
(17) To divide the system into separate subsystems or
subdistricts for purposes of setting rates, accounting, or
financing improvements or additions thereto or deletions
�hero�r�m
(18) To appoint advisory, administrative, or operational
boards and committees to assist the Board in the exercise and
performance of the powers and duties provided in this act or
so9 otherwise by law. The Board may delegate any or all of its
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powers and duties to such boards and committees
(19) To do all acts and things necessary or convenient for
the conduct of its business and the general welfare of the
District in order to carry out the powers and duties provided in
this act or then provided in any other law applicable to
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6 Section 6. Adoption of rates, fees, and other charges.—
7 (1) The Board shall adopt the schedule of rates, fees, or
s other charges for the use of and the services and facilities to
9 be furnished by the water system or sewer system to be paid by
o the owner, tenant, or occupant of each lot or parcel of land
1 which may be connected with or used by such systems The current
2 schedule of such rates, fees, and other charges shall be that
3 already in effect in the District and any subdistricts as of the
4 effective date of this act. The Board may thereafter revise the
s schedule of rates, fees, and charges from time to time However,
6 such rates, fees, and charges shall be so adopted and revised so
7 as to provide moneys which, with other funds available for such
a purposes, shall be sufficient at all times to pay the expenses
9 of operating and maintaining the system, including reserves for
such purposes, the principal of and interest on revenue bonds or
assessment bonds, or any combination thereof, as the same shall
become due and reserves therefore, and to provide a margin of
safety over and above the total amount of any such payments, and
to comply fully with any covenants contained in the resolution
authorizing the issuance of any bonds or other obligations of
the District. The District shall charge and collect such rates,
fees, and charges so adopted or revised, and such rates, fees,
and charqes shall not be subject to the supervision or
regulation by any other commission, board, bureau, a ency, or
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other political subdivision or agency of the county or state.
(2) Such rates, fees, and charges shall be just and
equitable and uniform for users of the same class and, where
appropriate, may be based or computed either upon the quantity
of water consumed or upon the number and size of sewer
connections or upon the number and kind of plumbing fixtures in
use in the premises, or upon the number or average number of
persons residing or working in or otherwise using or occupying
such premises, or by equivalent residential units, or upon any
other factor affecting the use of the facilities furnished, or
upon any combination of the forecgoing factors as may be
determined by the Board on any other equitable basis.
(3) No rates, fees, or charges, including impact fees,
shall be adopted or revised under this section until after a
public hearing at which all users of the system affected
thereby, or owners, tenants, or occupants served or to be served
thereby and all others interested shall have an op ortunity to
be heard concerning the proposed rates, fees, and charges.
Notice of such public hearing setting forth the proposed
schedule or schedules of rates, fees, and charges shall be given
by one publication in a newspaper published in Collier County at
least 10 days before the date fixed in such notice for the
hearing, which may be adjourned from time to time. After such
hearing such schedule or schedules, either as initially adopted
or as modified or amended, may be finally adopted.
(4) A copy of the schedule or schedules of such rates,
fees, or charges shall be kept on file in the office of the
District Clerk and shall be open at all times to the public for
inspection. The rates, fees, or charges so adopted for any class
of users or property served shall be extended to cover any
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additional users or properties thereafter served which shall
fall in the same class, without the necessity of any hearing or
notice. Any change or revision of such rates, fees, or charges
may be made in the same manner as such rates, fees, or charges
were originally established as hereinabove provided, except that
if such changes or revisions be made substantially pro rata as
to all classes of service, no hearing or notice shall be
required.
Section 7. Bonds. --
(1) The District may, from time to time, issue bonds to
pay the costs and expenses, other than operating expenses,
incurred in carrying out the purposes of this act or to refund
and /or refinance revenue bonds of the District issued pursuant
to this act. In anticipation of the sale of such bonds, the
District may issue bond anticipation notes and /or commercial
paper or similar obligations, and may renew the same from time
to time. Such notes and /or obligations may be paid from the
revenues derived by the District from the proceeds of the sale
of the bonds of the District in anticipation of which they were
issued. The notes and /or obligations shall be issued in the same
manner as the bonds. Bonds and notes shall be, and shall be
deemed to be, for all purposes, negotiable instruments
(2) The bonds may be issued as serial bonds or as term
bonds or the District, in its discretion, may issue bonds of
both types. The District may issue capital appreciation bonds or
variable rate bonds. The bonds shall be authorized by resolution
of the Board and shall bear such date or dates; mature at such
time or times, not exceeding 30 years from their res -oective
dates; bear interest at such rate or rates; be payable at such
time or times; be in such denomination; be in such form; carry
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600 such registration privileges; be executed in such manner; be
601 payable from such sources and in such medium of payment and at
602 such place or places; and be subject to such terms of
603 redemption, including redemption prior to maturity, as such
604 resolution or resolutions may provide. If any officer whose
605 signature, or a facsimile of whose signature, appears on any
606 bonds or coupons ceases to be such officer before the delivery
607 date of such bonds, such signature or facsimile shall
608 nevertheless be valid and sufficient for all purposes as if he
609 or she had remained in office until the delivery. The bonds or
610 notes may be sold at public or private sale for such price or
611 prices as the Board shall determine. Pending preparation of the
612 definitive bonds, the District may issue interim receipts or
613 certificates which shall be exchanged for such definitive bonds.
614 The bonds may be secured by such form of credit enhancement, if
615 any, as the Board deems appropriate. The bonds may be secured by
616 an indenture of trust or trust agreement.
617 (3) The bonds may be validated, at the discretion of the
618 Board, pursuant to chapter 75, Florida Statutes. Section
619 75.04(2), Florida Statutes, shall not apply to bonds validated
620 pursuant to chapter 75, Florida Statutes.
621 Section 8. Trust funds; trustees. - -The proceeds of all
622 bonds or other obligations issued under this act or otherwise
623 pursuant to law, and all revenues derived from the operation of
624 the system for the payment of all or part of the cost of which
625 any bonds or other obligations authorized by this act have been
626 issued shall be and constitute trust funds, and shall be used
627 and applied only in accordance with the proceedings authorizing
628 the issuance of any bonds or other obligations issued pursuant
629 to this act, and the District may appoint trustees, within or
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without the state, under trust agreements or indentures to hold
and administer the proceeds of any such bonds or other
obligations or any such revenues. The District may provide that
the moneys or funds and accounts established by the proceedings
authorizing the issuance of any revenue bonds shall be subject
to the lien of the pledge established by the proceedinqs without
any physical delivery thereof and the lien of the pledge shall
be valid and binding as a ainst all parties bringing claims of
any kind in tort, contract, or otherwise against the District
Section 9. Covenants of the District Board with
bondholders. - -In addition to the other provisions and
requirements of this act, any resolution authorizing the
issuance of bonds or any other obligations issued hereunder may
contain provisions and the District Board is authorized to
provide and may covenant and agree with the several holders of
such bonds or other obligations as to:
(1) Reasonable deposits with the District in advance to
ensure the payment of rates, fees, or charges for the facilities
of the system.
(2) The discontinuance of the services and facilities of
the system, or both, for delinquent payments for either water
services or sewer services, and the terms and conditions of the
restoration of such service.
(3) Limitations on the powers of the District to
construct, acquire, or operate, or permit the construction,
acquisition, or operation of anv plants, structures, facilities,
or properties which may compete or tend to compete with the
system.
(4) The manner and method of paying service charges and
fees and the levying of penalties for delinquent payments.
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660 (5) Subject to this act, the manner and order of priority
661 of the disposition of revenues or redemption of any bonds or
662 other obligations.
663 (6) Terms and conditions for modification or amendment of
664 the resolution authorizing the issuance of bonds or other
665 obligations.
666 (7) Provisions for and limitations on the appointment of a
667 trustee for bondholders for the system.
668 (8) Provisions as to the appointment of a receiver of the
669 system on default of principal or interest on any such bonds or
670 other obligations or the breach of any covenant or condition of
671 the resolution authorizing such bonds or other obligations.
672 (9) Provisions as to the execution and entering into of
673 trust agreements regarding the holding and disposition of
674 revenues derived from the system or bonds.
675 (10) Provisions as to the maintenance of the system and
676 reasonable insurance thereof.
677 (11) Any other matters necessary to secure the bonds and
678 the payment of the principal and interest thereof. All such
679 provisions of the resolution shall constitute valid and legally
680 binding contracts between the District and several holders of
681 any such bonds and shall be enforceable by any such holder or
682 holders by mandamus or other appropriate action, suit, or
683 proceeding in law of equity in any court of competent
684 jurisdiction.
685 Section 10. Unpaid fees to constitute lien. - -In the event
686 that the fees, rates, or charges for the services and facilities
687 of the system shall not be paid as and when due, any unpaid
688 balance thereof and all interest accruing thereon shall be a
689 lien on any parcel or property -affected thereby. Such liens
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shall be superior and paramount to the interest on such parcel
or property of any owner, lessee, tenant, mortgagee, or other
person except the lien of county taxes and shall be on parity
with the lien of any such county taxes In the event that any
such service charge shall not be Maid as and when due and shall
be in default for 30 days or more, the unpaid balance thereof
and all interest accrued thereon, together with attorney's fees
and costs, may be recovered by the District in a civil action,
and any such lien and accrued interest may be foreclosed or
otherwise enforced by the District by action or suit in equity
as for the foreclosure of a mort age on real property
Section 11. Publication of notice of issuance of
2 bonds. - -Prior to the issuance of bonds or other obligations, the
3 Board, in its discretion, may publish a notice at least once in
4 a newspaper published in Collier County stating the date of
5 adoption of the resolution authorizing such obligations and the
6 amount, maximum rate of interest, and maturity of such
7 obligations and the purpose in general terms for which such
s obligations are to be issued, and further stating that any
action contesting the bonds proceedings authorizing the
issuance thereof, or of any covenants relating thereto must be
instituted within 20 days after the first publication of such
notice, or the validity of such obli ations or proceedin s or
covenants shall not thereafter be questioned in any court
whatsoever. If no such action or proceeding is so instituted
within such 20 -day period, then the validity of such
obliqations, proceedin s, and covenants shall be conclusive, and
all persons or parties whatsoever shall be forever barred from
questioning the validity of such obligations, proceedin s, or
covenants in any court whatsoever.
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Section 12. Bonds; qualities of negotiable instruments;
rights of holders. - -All bonds issued hereunder shall not be
invalid for any irregularity or defect in the proceedings for
the issuance and sale thereof and shall be incontestable in the
hands cf bona fide purchasers for value. No proceedings in
respect to the issuance of such bonds shall be necessary except
such as are required by this act. The provisions of this act
shall constitute an irrevocable contract between the District
and the holders of any such bonds cr coupons thereof issued
pursuant to the provisions hereof. Any holder of such bonds may
either at law or in equity, by suit, action, or mandamus,
enforce and compel the performance of the duties required by
this act or by general law, or of any of the officers or persons
herein mentioned in relation to said bonds, or the levy,
assessment, collection, and enforcement and application of the
revenues, assessments, or other funds pledged for the payment of
the principal and interest thereof.
Section 13. Annual reports of the District Board. - -The
District Board shall cause to be made at least once each year a
comprehensive report of its system, including all matters
relating to rates, revenues, expenses of maintenance, repair,
and operation and renewals and capital replacements, principal,
and interest requirements and the status of all funds and
accounts. Copies of such report shall be filed with the District
Clerk and shall be open to public inspection. This report will
be known as the annual audit report and shall be issued by a
certified public accountant appointed by the Board. The annual
audit report may be included as part of Collier County's
comprehensive annual report or may be issued separately.
Section 14. District bonds as securities for public
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bodies. - -All bonds issued pursuant to this act shall be and
constitute legal investments for state, county, municipal, and
all other public funds and for banks, savings banks, insurance
companies, executors, administrators, trustees, and all other
fiduciaries and shall also be and constitute securities eligible
as collateral security for all state, county, municipal, or
other public funds, subject to the restrictions and limitations
of chapters 18, 136, 518, 655, 657, 658, 660, 663, 665, and 687,
Florida Statutes.
Section 15. Contracts. - -All contracts of the District
awarded, let, or entered into shall be in accordance with the
Collier County Purchasing Ordinance, or any successor ordinance,
and the Collier County Purchasing Policy Resolution, or any
successor or supercedinq resolution(s).
Section 16. Special assessments. - -The Board may provide
for the levy, collection, and enforcement of special assessments
utilizing any of the following methods and procedures or any
combination thereof: chapter 170, chapter 173, or section
197.3632, Florida Statutes; or the Board may adopt its own
method of procedures for the levy, collection, and enforcement
of special assessments upon compliance with the notice and
hearing requirements set forth for the adoption of rates fees,
and other charges. The Board may contract with the Collier
County Tax Collector, Property Appraiser, and /or District Clerk
to collect such special assessments as may be levied by the
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Section 17. Free water and sewer services prohibited. - -No
free water or sewer services shall be rendered by the District
and no discrimination shall exist in the fees, rates, and
charges for users of the same class.
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780 Section 18. Impact Fees.- -
781 (1) The District by this act is empowered to levy and
782 collect water impact fees and /or sewer impact fees for capital
783 improvements and debt service on such capital improvements in
784 the same manner and to the same extent as non - charter counties
765 and /or as may be provided by law. The District is empowered by
766 this act to levy and collect water and /or sewer impact fees only
787 within the then - existing geographic boundaries of the District.
786 If the building, structure, or land use on the property for
789 which impact fees have been paid is not authorized to connect to
790 the District's systems within 10 vears of the date of such
791 payment, the property owner holding legal title at the end of
792 the 10 -year period shall be eligible for a refund of the impact
793 fees without interest. The District shall notify the property
794 owner of his or her eligibility for a refund by mailing notice
795 to the property owner. Such notice may be sent by certified or
796 registered mail with return receipt requested. Any property
797 owner eligible for a refund shall file written application with
796 the Board for a refund within 90 days of the date of mailing of
799 the notice by the District or such property owner shall be
800 deemed to have waived any right to a refund, and the District
801 shall he entitled to retain and apply the impact fees for water
802 and /or sewer capital improvements, as appropriate. Failure to
803 construct the buildinq or structure or use the land for which
804 impact fees have been paid shall not constitute grounds for a
805 refund, nor shall delay cr failure to receive the mailed notice
806 of eligibility for a refund toll the 90 -dav time limit within
807 which an application for refund must be filed.
808 (2) Water impact fees and sewer impact fees should be
809 reviewed at least every 3 years by the Board to determine that
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the impact fees are equitable and proportionate to the current
estimate of costs for providing the capital improvements for
which the impact fees are imposed The applicable schedule of
impact fees shall be those already in effect in the District and
any subdistricts as of the effective date of this consolidating
act. The Board may thereafter change or revise the schedule of
impact fees upon compliance with the notice and hearing
requirements set forth for the adoption of rates, fees, and
other charges.
(3) The Board, in its discretion, by ordinance may permit
the owners of buildings, structures, or land uses which connect
to the District's system to pay the impact fees on an
installment basis with interest. In the event that the impact
fees shall not be paid as and when due, any unpaid balance
thereof and all interest accruing thereon shall be a lien on any
parcel of property affected thereby Such liens shall be
superior and paramount to the interest on such parcel of
property of any owner, lessee, tenant, mortgagee, or other
person except the lien of county taxes and shall be on parity
with the lien of any such county taxes In the event that any
impact fees shall not be paid as and when due and shall be in
default for 30 days or more, the unpaid balance thereof and all
interest accrued thereon, together with attorney's fees and
costs, may be recovered by the District in a civil action, and
any such lien and accrued interest may be foreclosed or
otherwise enforced by the District by action or suit in ecruity
as for the foreclosure of a mortgage on property.
(4) Impact fees may be pledged to the payment of bonds or
other obligations of the District, provided that the District
has agreed in the resolution authorizinq such bonds or other
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obligations that it maintain net revenues, together with special
assessment proceeds and other revenues derived by the District,
exclusive of impact fees, equal to at least 100 percent of the
debt service on such bonds or obligations.
(5) Nothing in this act shall be construed to invalidate
water and sewer impact fees previously levied and collected and
pledged by the Board of County Commissioners of Collier County
under its preexisting implied authority to levy and collect and
pledge such charges on the effective date of this consolidating
act.
Section 19. Conveyance of property without
consideration. - -Any municipality, political subdivision,
district, or authority shall be authorized to sell, lease,
grant, or convey any real or personal property to the District
and any such sale,.grant, lease, or conveyance may be made
without consideration.
Section 20. District approval of construction of water and
sewaqe facilities. - -No sewage disposal plant or other facilities
for the collection or treatment of sewage or any water treatment
plant or other facilities for the supply or distribution of
water, shall be constructed within the boundaries of the
District unless the District Board shall give its written
consent thereto and approve the plans and specifications
therefore; subject, however, to the terms and provisions of any
resolution authorizing any bonds and agreements with
bondholders.
Section 21. Construction of law. --
(1) The provisions of this act shall be liberally
construed to affect its purposes and shall be deemed cumulative,
supplemental, and alternative authority for the exercise of the
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powers provided herein. The exercise of the powers provided in
this act and the issuance of bonds or other obligations
hereunder shall not be subject to the limitations or provisions
of any other law or laws, including art II of chapter 153,
Florida Statutes, except to the extent expressly provided
herein. In the event of any conflict between this act and any
other applicable law or laws providing cumulative, supplemental,
and /or alternative authority to counties and /or such districts
for the exercise of the powers provided herein, the least
restrictive in favor of the District's powers shall apply.
(2) Nothing contained in this act shall be construed to
affect any actions taken or any contracts previously entered
into by the Board of County Commissioners of Collier County for
the provisions of water and /or sewer services within the
boundaries of Collier County. Nothing herein shall be construed
to conflict with the jurisdiction of the Florida Public Service
Commission as then provided in chapter 367, Florida Statutes.
(3) If any section, sentence, clause, phrase, or word of
this act is for any reason held or declared to be
unconstitutional, inoperative, or void, such holding or
invalidity shall not affect the remaining portions of this act,
and it shall be construed to have been the legislative intent to
pass this act without such unconstitutional, invalid, or
inoperative part therein; and the remainder of this act, after
exclusion of such part or parts, shall be deemed and held to be
valid as if such parts had not been included herein.
Section 22. Penalties and enforcement. -- Penalties for a
violation of any provision of this act or any of the ordinances,
rules, regulations, or resolutions adopted pursuant to the
authority of this act or otherwise shall be as provided for the
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violation of county ordinances. In addition, the District may
seek enforcement of this act and /or damages, plus costs and
attorney's fees, for a violation of this act, or a violation of
anv of the ordinances, rules, regulations, or resolutions
adopted pursuant to the authority of this act or otherwise, in
any court of competent jurisdiction as authorized by general
law.
Section 4. Chapters 73 -437, 74 -462, 77 -531, 78 -489, 78-
492, 80 -484, 82 -280, 88 -499, 89 -452, and 96 -451, Laws of
Florida, are repealed.
Section 5. This act shall take effect upon becoming a law.
Page 31 of 31
CODING: Words stamen are deletions; words underlined are additions.
Packet Page -2065-
Goodland Balance Sheet
Fund 441
ASSETS
CLAIM ON CASH
POOLED CASH AND INVESTMENTS
CASH CLEARING ACCOUNTS PAYABLE
MARK TO MARKET
BILLED RECEIVABLES
UTILITY UNBILLED
WATER ASSESSMENTS RECEIVABLE CURRENT
ASSESSMENTS REC OTHER CURRENT
WATER INTEREST RECEIVABLE ASSESSMENTS
INTEREST RECEIVABLE
INVENTORY METER POSTAGE
IMPROVEMENTS OTHER THAN BUILDINGS
IMPROVEMENTS OTHER
EQUIPMENT OWNED
MACHINERY AND EQUIPMENT
ACCUMULATED DEPRECIATION
CONSTRUCTION IN PROGRESS- MANUAL
CASH CLEAR SPLIT LEDGER
TOTAL ASSETS
LIABILITIES
ACCOUNTS PAYABLE
REFUNDS
RESERVE FOR PREPAID EXPENSES
TOTAL LIABILITIES
NET ASETS
FUND BALANCE
RETAINED EARNINGS UNRESERVED /FUND BAL
CONTRIBUTIONS FROM CUSTOMERS
CONTRIBUTIONS FROM DEVELOPERS
Beginning Fund Balance
(NET INCOME /LOSS)
Ending Fund Balance
Packet Page -2066-
11/13/2012 Item 16.C.8.
Unaudited
9/30/2012
Amount
$193,640
(0)
(1,433)
3,735
23,078
8,690
0
0
0
(0)
0
0
2,429,369
0
4,943
(1,694,614)
0
0
$967,408
($613)
0
0
($613)
$966,795
($572,034)
(245,883)
(276,013)
($1,043,930)
$127,135
(966,795)
11/13/2012 Item 16.C.8.
Goodiand Operating Statement
$6,875
Fund 441
0
INDIRECT COST REIMBURSEMENT
Unaudited
OTHER CONTRACTUAL SERVICES
9/30/2012
Revenue
Amount
WATER REVENUE
(5357,293)
FIFTH THIRD 0/N INTEREST
(115)
INVESTMENT INTEREST
(1,360)
MISC REVENUE FEES LATE FEES
(1,329)
Interest Revenue Accrual
358
INSURANCE COMPANY REFUNDS
0
REIMBURSEMENT FOR PRIOR YEAR EXPENDITURE
(325)
TOTAL REVENUE (5360,064)
Expenses
EMERGENCY MAINT AND REPAIR
$6,875
INFO TECH BILLING HOURS ALLOCATION
0
INDIRECT COST REIMBURSEMENT
6,800
OTHER CONTRACTUAL SERVICES
30,201
TELEPHONE BASE COST
3,697
ELECTRICITY
16,055
INSURANCE GENERAL
3,000
PROPERTY INSURANCE
4,400
MAINTENANCE LANDSCAPING
4,331
FERTILIZER HERBICIDES AND CHEMICALS
1,740
LICENSES AND PERMITS
125
UTILITIES PARTS ETC
10,124
OTHER OPERATING SUPPLIES
1,275
REIMBURSEMENT PRIOR YEAR REVENUES
0
UTILITIES REPAIR ETC
2,188
BULK WATER
210,311
TRANSFER TO COUNTY WATER /SEWER OPERATING
18,600
OPERATING EX ACCRUAL
301
OTHER MACHINERY AND EQUIPMENT
3,115
DEPRECIATION
56,693
INTERDEPT PAYMENT FOR SERV
106,269
TRANSFER TO GENERAL FUND 001
1,100
TOTAL EXPENSES $487,199
Net (income) Loss $127,135
Packet Page -2067-
11/13/2012 Item 16.C.8.
Collier County Water District Map
Effective 10 -12 -2012
Packet Page -2068-
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Packet Page -2068-