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Backup Documents 06/11/2013 Item #17CCOLLIER COUNTY FLORIDA 17C REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Display Adv., location, etc.) ❑ Other: Originating Dept/ Div: Public Utilities (Billing) Person: Peter Lund Date: May 28,2013 Petition No. (If none, give brief description): Amendment to Water -Sewer District Uniform Billing Ordinance Petitioner: (Name & Address),: N/A Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) See Above Hearing before BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10+ days before hearing.) June 11, 2013 (ad to run no later than FRIDAY, May 31, 2013) Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News ❑ Oth er Proposed Text: (Include legal description & common location & Size: XXX Legally Required AN ORDINANCE AMENDING ORDINANCE NO. 2001 -73, AS AMENDED, KNOWN AS THE COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE, BY AMENDING SECTION ONE, DISTRICT RATES, FEES, CHARGES AND REGULATIONS; SECTION TWO, SUBMETERING; SECTION THREE, CITY OF NAPLES SERVICE AREA; SECTION FOUR, APPENDICES FOR RATES, FEES AND CHARGES; SECTION FIVE, PENALTIES; AND SECTION SIX, CONFIDENTIALi!TY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? ❑ Yes XXX No If Yes, what account should be charged for advertising costs: by: or Designee Ryc , PO # 4500139070 gist Attachments: Proposed Ordinance DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division ❑ Original. Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised: 17C4111 COLLIER COUNTY WATER: -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE ORDINANCE NO. 2013 AN ORDINANCE AMENDING ORDINANCE NO. 2001-73, AS AMENDED, KNOWN AS THE COLLIER COUNTY 'WATER - SEWER DISTRICT UNIFORM BILKING, OPERATING AND REGULATORY STANDARDS ORDINANCE, BY AMENDING: SECTION ONE, DISTRICT RATES, FEES, CHARGES AND REGULATIONS; SECTION TWO, SUBMETERING; SECTION THREE, CITY OF NAPLES SERVICE AREA; SECTION FOUR, APPENDICES FOR RATES, FEES AND CHARGES; SECTION FIVE, PENALTIES; AND SECTION SIX, CONFIDENTIALITY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the original Collier County Water -Sewer District, also known as the County Water -Sewer District of Collier County (District), was approved on November 4, 1969, by voters of Collier County in accordance with the requirements of Chapter 153, Part II, Florida Statutes; and WHEREAS, the Board of County Commissioners of Collier County, Florida, (Board) is the Ex- officio governing Board of the District; and WHEREAS, in 2001, the Board enacted Collier County Ordinance No. 2001 -73 to create a more simplified and efficient mechanism for water and sewer utility systems and for readers to more easily understand these regulations, which are applicable to the District's water, wastewater, and non - potable services; and WHEREAS, the Board subsequently amended Ordinance No. 2001 -73 through its adoption of Ordinance No. 2006 -27; and Words Underlingd are added; Words Stmek T4*ea are deleted. Page 1 of 29 '+ 17C IkI WHEREAS, the Board desires to further amend Ordinance No. 2001-73, as amended, in order to clarify existing processes, reflect administrative changes, and provide for codification of existing County ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that: SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO, 2001-73, AS AMENDED. Section One is hereby amended as follows: SECTION ONE. District Rates, Fees, Charges and Regulations 1.1 Definitions. Unless specifically provided otherwise these definitions shall apply to this Section. A. "District" shall refer to the Collier County Water-Sewer Districtj. B. "Equivalent Dwelling Unit" shall mean the equivalent usage requirements of an average or typical individually metered single-family residential connection. it is used as a factor to convert a given average daily water or sewer was%wate requirement to the equivalent number of single-family residential connections. G. "EqtdveAeat ResideatW Genneefien" sh" mew &ee htmd"d andfi—&'71 (350) "Hens ef walef pef day end is twe humked emd fifty (-260) geAlons ef sewwap tmau*eat Pef day. D. "Sef0ee Arvailability Ghw.g&" ShW! mem a meaWy ehmge peF dwelling uni eqttiva4eat dwelling unit feF msideafieA and ften fesideft" usefs Y;M ae usage ineluded. B. "Geedland" the Geadland sep,4ee area is elassified as a Subdistriet ef the Collier- GouOy WeAer- Se Dis4fie4 as the seMee is dependent eft a btdle pwobet90 YA+h a pfis-ate entity and ther-efefe has a fate stfuetufe that is diffemat fiefn the -majef Distliet fate stfuetwe. C. Irrigation Quality (IQ) Water shall MM g1temadyge w#Xr , other than rgoyM potable, available to the District and shall include: (a rep ,igiMed M%ter - wastewater that has Words Under] inSd are added; Words Stpc*k 44oulgh are deleted. Page 2 of 29 17C " I received the treatment c_stablished as cMntly 4,gfined by Florida Adminigrativc Code, Rule 62- 610.460 as Wastewater that meets. a minimum, secon trey I and high-lMl disinfection prior LQ g&tpring hglding D_ond_§.or the IQ W4er System, . (b) SVMle—mental W Su lies such as round or surface water, • or (0 An combination Iherthereof. IQ )Mater May also be , referred to as reus2 Aa_ter, effluent water or reclaimed water. D. "Service Base hMe" sh gll Mean a moRLhl_y charge per dwelling unit or gguinlmt dwelling unit connection for residential and pgg-_resid tial with n e included. The fL M�gqqts h o usgg n 4 Service Base Char ge includes coM2gn_o_ts f_Qr _a_dMinistraLion billing, and meter size rel system maintenance costs. F—E, "Sewer Use" shall be defined as the connection of drains for all faucets and facilities on the property, where potable water is used in connection with sanitary purposes from the potable water system. Such usages shall include, but not be limited to, sinks, showers, bathtubs, commodes, urinals, bidets, dishwashers, washers, and other such facilities. "Sewer Use" shall specifically not include runoff water being allowed to enter the District Sanitary Sewer System. G F. "Sewer only use" shall be defined as the connection of drains for all faucets and facilities on the property where well water or potable water from a non-District water supply or where no water (leachate) is used, in conformance with other Ordinances ado" d by Collier County, or applicable State and Federal laws. rules or regulations. 14 G. "Use" 4he tefm "Use' "Potable Wger Lj§g" ea, " Distliet's wate s a petable water- system shall -mean the sole utilization of ILo table water from the District system through all fixtures and pipelines on the property except where a separately metered system is available solely for outside irrigation. Any such irrigation shall require an approved cross connection control baekfkw---n device and a physical separation from the remaining potable water system. "Water Use" shall specifically include, but not be limited to, the flow of water to all sinks, dishwashers, commodes, urinals, showers, hot water heaters, washers, drinking water coolers and drinking water machines. Such facilities shall also drain to the District's sanitary sewer system, where available, in conformance with other applicable sections of this Ordinance as well as other Ordinances adopted by Collier County, or applicable State and Federal laws, rules or regulations. Words ULnderliried are added, Words gtnWe Thfou gh are deleted. 0— Page 3 of 29 17C "�� 1.2. Monthly Rates, Fees and Charges. Monthly rates, fees and charges for water, sewer, or effl­ueal ir-r48 Q water and fire meter services (referred to as "utilijy service") provided by or made available by the District shall be sufficient to recover system operation, maintenance, renewal., I enhancement, and replacement, -ate debt service and any other cost -- a or reguiLe—mgO of the District eests and shall be proportionally distributed among system users and customers receiving the benefits as follows: A. Monthly user fees for the Collier County Water-Sewer District Residential and non-residential properties within the and n respective water _d §gwer utility , _ service boundaries of the Collier GeutAy Wa*f Sewe District shall pay the rates, fees and charges for service provided by the Gelfier Getmty WeAer- Se District in accordance, with Appendix A - Schedule 1. G B. Monthly lgq& Ueff Fees and char-ges for 10 w ter service in the District service area shall be in accordance with Appendix A - Schedule -3 2. Exeept in eases where a "nen agfeement boween 4he PisWO aPA the pfepefty e es4ablishes a speeifie w4aifnum galleftage faend* effluefa reAe 4hat ewme� be ehaged uailater-a4ly by the Distfiet, ed! golf eetwse and other balk fee-1--m—edd water- s4e&-4-*ffiaeat feelaimed water- shall be said aftd billed in aeeerdarwe with this seefien. D C. Accounts and Bill Delivery Addresses I . Accounts shall be established in the name of the property owner as shown on the Property A raiser's dMbase 2r _fic record such as nigy be recorded by ppL - _ pgb _S' the Coun!y Clerk of Courts. 2. Monthly bills for utili!y service- will be sent to the prom= owner at the address requested in the service application. Words t n ,dam are added; Words Stmak 44wough are deleted. Page 4 of 29 9 17C ' r 3. Changes of address for billing purposes must be approved in mg riting and duly signed by the property owner. Approval can be by letter, District change of address form,, fax or by e -mail scanned attachment. 4. Duplicate bills may be requested in writing and duly signed by the property owner by letter, fax ^ Distriet ehMge AA—e f. ,..,Vor. by e-mail a scanned attachment. 5. A duplicate bill processing fee (Appendix A — Schedule 6 5) will be plaeed charged to each account for each specific request of a duplicate bill on fteeount for utilily service billing purposes. Duplicate bills are limited to one tier account. B D. Methods of Payment 1. Cash, check, direct debit and/or credit card (when available), and electronic transfer are available methods to pay monthly utility service bills rendered by the District to the property owner. 2. Cash, check and credit card payments may be made at the District billing office address as printed on the utility bill. 3. Check payments can be made through the U. S. Mail to the lockbox facility gkn in the envelope provided with the monthly water bill to 4he P 0 -Bex• 4. Credit card payments (when available) can be made via the internet and telephone ieaRy. Automatic Credit Card Payments may be set up via the internet. 5. ir-e 4 debit Automatic Bank Payments, pays are available. Req+tires . Automatic Bank Pa3nents may be approved by the District only after the satisfactory completion of an Automatic Bank Pg=ent form. 6. Non- Sufficient Funds (NSF) checks returned by the District bank or banks as uncollectible will not be reprocessed for payment by the District. The amount of the NSF check plus i, the an appropriate NSF charge (Appendix A — Schedule 5 5) and ii where applicable., any other rates, fees and charges,, will be plaeed on billed to the account. € w febilling. Words Underlined are added; Words StFook -'1eagh are deleted. Page 5 of 29 R 4 olm 17C I 1.3 District Rates, Fees and Charges other than Monthly User Fees. A. Meter installation charges for meters and for baekfie v cross connection NMI devices two M inches (2!2) or smaller in size are to be paid to the District in accordance with Appendix A - Schedule-4 3. The fees in " Sobseefieft W based Upe" fnetff WWA8600 nily r-esidemied stfeet. 1. All meters and gross connection control devices two M inches (22,` or smaller will be installed by the District and shall remain the property of the District. 2. For meters and cross connection control devices - larger than two (2) inches, the materials and labor for installation of such meters shall be furnished by the deve lager- 2ro du Sorty owneLo r _I authorized individuals in accordance with District requirements and specifications and dedicated to the District in accordance with County ordinances, at no cost to the District. 3. Meters and cross connection control devices must be left accessible to District employees at all times in c2n_foM)ame with all Ordinances ado ted b Collier Coot licable State and Federal law rules a t- Lio —ns, ,y, and app _s. M_ or reg Dangefeus an&er- dense will be Uinvaed to a "margift ef safetY" bY Pistfio empleyees. 4.a. When any property owner; whe h" with an existing water meter, makes application to the District for the installation of a larger motor to replace a smaller meter, and such installation is approved, by the Di§jdcL the following charges shall Mly (in accgrdaneg with AMendix & Sghedule 3): a Meter installation fee, a cross connection control device charge, and if Le _irp _d. a tapping fee for the le&ger- metef is fequir-ed--aad-gonne!Ltion of the property to the District water facilities, nNo credit shall be given for M tapping charges previously paid en--by the property owner with respect to the smaller meter and service. A meter ut)sizo avl2liggtion form mH8 br, completed, LiSped, Apd §ubmitt d by the propeM owner prior to the installation of ggy largtr m ble aMice line, The District installs meters (2) inches or smaller. The difference in impact fees between the Words Undeflimd are added; Words Stmek Thmugh are deleted. Page 6 of 29 S 17cw, I smaller meter and the larger meter must. be paid before a work order will be issued for the installation of the larger meter and if APP-liMble, the time and materials cost to install a larar mm-ke Im-e- Then sh#M be no r-efimda of of WAS of tVO fees of i"aet fees given 4e my pfopefty evam feqws6ag % S#Wlef meterh 4. b. When any,. -proRggy owner, with an existing water meter makes gpplication to Ihe District for the installation pf a §UAHgr,Mftr to re lace a. I meter, a meter downsize, ggplication: form must be completed. signed, and subMi tted by the proppa gweer. Smaller mgt_eTs mdll only be cgjgl:de_r!;d where the prol2ggy meets the criteria for the smaller Mjeer size, The District installs meters two (a) inches and smaller. There eshaIlbeDgrefiMdsorcreditsofWp in fees or impact fees given to ggy gL9R9M 2M" r smaller meter. ,Ung 4. c. For installations other th RA -s will , an those id en ified above, installation char bg§_ed on time materials pd a -ndi2j, A - &_he-Lule 4). .n gdMWjgL4jjve fee. (Ane 4. d. When a pror&M owner wishes tg than a meter three (3) inches or larger. the propeLty owner shall ghtaro t n v royal om the District of, such increase in meter sizing before enggging conlMetor o d .., with a liccn§gd _ t undertake the work in full cg=liance wi Lo_visions of Section 1.4, paraggggh N of this Ordinance. B. Temporary Meters. 1. a, Temporary meters two (2) inches or smaller may be installed and removed by the District. The fee for such installation and removal shall be based upon the District's actual costs for time, equipment and material, as appropriate, in accordance with Appendix A - Schedule -5 4. 1. b. Temporary meters lar ger than two (2) inches MU be installed and removed by contraqjqrs, in full co 'once MA RLo S io _ns of Section 1.4, 12M&rVh N, of this Ordinance. 1. c. Mobile temp oLaa Meters MU also be used. Meter readings for all mobile te=gM meters must be suppjied IQ jb_e District on a monthly Ijasis. M agreed at the time of Mppliggtign, 2r bg subje_ct M4iovLl pjj to 4 a_4d ilia RW chargg, Words U-p&jjined are added; Words Stmek Thmuo are deleted. Page 7 of 29 0 H 2. The temporary and Mobile Lemgorga meter monthly charge for service shall be based upon the noff Fe4deofi commercial monthly ay6l� base and volume charges in accordan cg with appendix endix A _Schedule 3. A werk efdeF fef the ifistaHation eg a tempefwy met�f wi4j be issued upen reeeipt -1 an Temperaff Meter- Appi4ee6oft. -4-3. A refundable temporary meter deposit (Appendix A - Schedule 6 55) Mao _shall be paid by the applicwt concurrently with the Temporary Meter Application, ex=I f tem p _L1 .2M meters inassocigio . with District eV_,ital projects (projects supervised by District sj#ffl . The deposit may be used to offset accosts costs for repair and/or replacement to District assets owned temporary meters. If damages and repair costs are greater than the deposit, the applicant will be invoiced for the remainder of the differogg. Th dV S Rqsit may also be used to offset outstanding accgunt hggnces to the extent service prvided 1hrough the tern pgrarymeter is requested to b _L1 the LeglLeLt of c terminated by the #2RU t qr� the District. 4. The District will be resggrisible for the installation of any temporary meter two (2) inches or small pr, other than a mobile teMporary meter. A work order for jh_g ins tail ation of a tom My mej r two (2) inches or smaller be issued by the District only u receil2t of an executed TemRqEM Meter AR U . P_ Q at j on. C. Dislriet ther rates, fees, and charges other -alum manthly wer. fee* metef Uq)ping fees, time and fnater-ial fees, tmVera" me4et, fiws, impaet fees, industrieA sewef use fees; baekfiew pr-eventieft sefN4ee fees end developmeWpeffflitfif-it rekkUW, fees, The tates, fees and ehai-7ges established by Ws smie the Di§jt�r include but are not limited to the services listed below. The actual charge rate for the service is in accordance with Appendix A - Schedule 6 1 1. New Accounts - Pro pert Change of Ownership 32. Meter Re-read or Data "o -4 3. Meter Test 3 4. Meter Lock 65, Meter Unlock After Hours Words Underlined are added; Words 84" Pw000, are deleted. Page 8 of 29 (a 17C It I -76. Meter Removal 87, Illegal Connection 9 a. Credit Card Convenjgac2 Fee HaftdHag Ghup 4-0 9. Temporary Meter Deposit 4410. Duplicate RM Processing Fee 4-211, Non-Sufficient Funds (NSF) Processing Charge 4-312. Late Payment GharV Renall y 13, Vehicle Parked aver Mglq Charge 14. Removal of Landsca pe to access me er box and cross connection control device) D. Late payments for monthly user fees are subject to a late payment ehewge penalty (Appendix A – Schedule 6 D on the unpaid balance after the due date on the bill. E. The rates, fees and charges as established in. this Section shall be reviewed on an annual basis to ensure adequate revenues for District system operation, maintenance, renewal, replacement, enhancement and debt service costs. F. Reasonable M plan affmge.m. —eat-9 QWtomer Payment Agreements may be wied I allowed at the sole discretion of the District for delia"m aee #s- provided to the account. All pay plan CggLomer Pg)ment A nt &L eeme s must _ provide for the full and timely payment of Aitwe eonswr4q4ien LJI outstanding amounts due and any additional amounts that may be due to the District as a result of providing continued service to the account. Any default of a Customer EgM2nt Agreement pgyment by a proJ22M owner or a tenant as Oprgved k the property owner resin in tprn' n ation of service the reguirement for all outstanding balances to be pgid in f • -ggfflgp1eA, Ull "ere sMice ja rg G. Adjustments 1. Any debit or credit adjustments for any District service can only be made as the result of a documented and approved procedure. Fef e*a"Ie, The- Words Underlined are added; Words Stmek 44wou.Sh are deleted. Page 9 of 29 17C I 31. Debit and/or credit adjustments for District errors and omissions should be applied to the account or refunded, if appropriate, and are subject to appropriate review and authorization in accord, q 4g S with the approved tqWg!Qf authorities. H, Refund of Credit Balances/Final Bills 1. Refunds of credit balances for a continuing account shall be processed and forwarded to the County's Finance Department for disbursement on a weekly basis. 2. Refunds of credit balances as a result of final bills shall be processed and forwarded to the County's Finance Department for disbursement on a monthly basis. 3. Refunds of credit balances will be made VAyable to the indjyidual or enti who made the monthly gayment uriLn_& the Reriod for which the credit balance relates. 3-4. In no event, shall refunds be processed for credit balances which are less than 5. -4-5. In no event, shall final bills less than S&MG the cost of processing as set forth in Ap-RgndiX, A — Schedule 5 be processed and mailed. 1.4 District Regulation. A. Application For Service. I To obtain service, a n application l w n t r M t f o r m com p l e t e d a n d si ed b M Py the property owner, must be made re rated at the office(s) of the District, or —sent by letter, email attachment or Lax. Applications are accepted by the District with the understanding that there is no obligation on the part of the District to render service other than that which is then available from its existing facilities. The District reserves the right to refuse service from its transmission mains, or to accept service to its collection system, Words Unikr1ined are added; Words Suvok ThFewgh are deleted. Page 10 of 29 (5 17C A!wj 2. Utility Service is furnished only upon signed application/contract of the property owner, accepted by the District, and the conditions of such application or agreement are binding upon the property owner as well as the District. A copy of each application or agreement for utility service accepted by the District will be furnished to the property owner. 3. The applicant property owner shall furnish to the District the eerfeet their full name and, street address., and a legal description of the VLopgM at whieh where service is to be rendered a4 the time e with respect to such application fbr. -serer. The Wph �!;ant Ma s Iglephone number y wish eon de such L _ _ and email address and the fall street address of ke billing ad4ress if different from the service address, togethe r with gL)gtact details. All system development _ charges, impact fees, connection and installation fees, now a =-, untand any other fees, rates and charges established by the District shall be paid in full at the time of application for service. The goligant shall also furnish the name of an tenant who ma occMRy the proe M and any subsequent char es of tenant. q. —an t. 4. Application for service as requested by firms, partnerships, associations, corporations and others (as being the applicant Le_qMe_stjag service from the District shall be tendered only by duly authorized individuals (W:tten evidence of Designated Agent's/Offiger's Lu_thorizatgon = be P-r_ovided by the Mpgrty owner When service is rendered under agreement or agreements entered into between the District and an agent of the property owner, the use of such service by the property owner shall constitute full and complete ratification by the property owner of the agreement or agreements entered into between agent and the District under which such service is -rendered. A tenant of property shall not be construed to be an agent. 5. Where the District's water or sewer main is oeeessible to reader.- available to provide service to the property, no Collier County Building Permit may be issued until such time as proper application shall have been made for service and all fees necessary for the rendering of such service shall have been paid to the District. Words Qndprlinod are added; Words Stmak Thfavlglh an deleted. Page I I of 29 17C I 6. The District may withhold or discontinue service rendered under application made by a property owner, or the property owner's agent, unless all prior indebtedness to the District of such property for utility service has been settled in full. Service may be withheld or discontinued for non-payment of bills and/or non-compliance with rules and regulations in connection with the same or any different class of service furnished to the same property owner at the same premises, or for non-payment of any account for service to the property. 7. When ownership of a pr M is Mwfeagd to a ngL owner V it is the reNponsibili1y of the new owner to r an Estol2yel from the District at the time of title transfer to identify M autstatiding utilities balances ggainst the property, as outstanding balances not paid will be transfeMqd to the new pMedy owner's account, 8. When a tenant -wJ—io recOws a du t, s gk propgrgy the DiaWct .pligate bill yacaq must be advised by the pMpeM owner to ensure that an automatic meat arrangements are stopped, B. Limitation of Use, Continuity of Service 1. Unless authorized by the District, water on" sewer, an_d_/_o_rJ1_Q —water service purchased from the District shall be used by the consumer only for the purposes specified in the application for service, and the property owner shall not sell or otherwise dispose of such service supplied by the District. Unless authorized by the District, service furnished to the property owner shall be rendered directly to the property as delineated in the agreement for service between theroperty owner and the Dig& I service being ce is considered as beiL rendered to the pgg= owner by the District) through the District's connection, and under no circumstances shall the property owner or property owner's agent or any other individual, association, or corporation install equipment for the purpose of disposing of said service. In no cue shall a property owner, except with the written consent from the District, extend their installation across a street, alley, lane, court, property line, avenue, or any other way, in order to furnish service for adjacent property, even though such adjacent property is owned by them. In the Words Under li=d are added; Words Stmek 44rough are deleted. cr, Page 12 of 29 N i7CAwi event there is an unauthorized extension, sale or disposition of service, the property owner's service will be subject to discontinuance until such unauthorized extension, sale or disposition is discontinued and full payment is made of bills for service, calculated on proper classification and rate schedules and reimbursements in full are made to the District for all extra expenses incurred for clerical work, testing and inspections. 2. The District will at all times use reasonable diligence to provide continuous service, and having used reasonable diligence shall not be liable to the property owner or occupants for failure or interruption of continuous water service, The District shall not be liable for any act or omission caused directly by strikes, labor troubles, accident, litigation, breakdowns, shutdowns for emergency repairs, or adjustment, acts of sabotage, enemies of the United States, wars, state, municipal or other governmental interference, asts of God f "r e Majeure or other causes beyond its control. 3. Property Owners shall maintain that portion of the water, and IQ water lines on their property located beyond the District service connection or point of delivery, and all loss of water through breaks or leakage to the premises will be, the responsibility of and paid by the property owner. The property owner shall maintain that portion of the sewer line located on their property. C. Property Owner's Liability For Damage to Equipment. The property owner is liable to the District for any damage done to the District's equipment used in providing service to the property owner, except damage done by District employees. The rey air _or rVp_1acement of Districl ggMipM t by pay o r r d M VI-wa owner L) -uly authorized individual constitutes an illegal connection or tarn pgjjng with _District Muipment without consent of the District and shall be subject to the penalties hereinafter RLovided. Chu es for Lepair or rpplagement of District 2quipmeat shall bg in ac2,,2r_dance with Appendix A -- Schedules 4 and 5. D. Security Deposits on Water, Sewed, and Q Water Account,5.. Security deposits normally are not required on District customer account-, for water,, and/or sewer, and/or IQ water service. However, the District may require a deposit equivalent to Words Underlined are added; Words skims are deleted. Page 13 of 29 17C 1 two (2) months average service when an account has been shut-off for non-payment more than two (2) times in any six (6) month concurrent period. These deposits may be returned after six (6) months of timely payments. Payffief4s; F E. Property Owner's Responsibility for Water, IQ water, and/or Sewer Services; Bad Debts. 1. The property owner is responsible for all water, IQ water, and/or sewer services and/or other District services provided to the property. In the event service is discontinued for non-payment, service will be restored only after property owner has fully complied with provisions of Section 1.4, paragraph FG.2 and E6.3, of this Ordinance. 2. Unpaid fees constitute a lien against the property (see Section 1.4 P of this Ordinance). In the event water, and/or sewer service and/or other District services have been discontinued for non-payment and any or all services are requested to be reinstated for the property in the future, this back debt plus associated charges must be paid before water and/or sewer service and/or other District services wi be furnished. 3. Bad debts as a result of bankruptcy or court actions will be written off in accordance with applicable laws, rules and regulations. GF. Dates Bills Due and Delinquent Discontinuance of Service for Non-Payment; Reinstatement Following Discontinued Service. 1. Utilit y service pEovided the District shall be provided only to the pro2erty owner and not the tenant qcgcupying 1he W g=qy if different than the prgpgM mog. The total amounts due on 8bills for g1ility service are due in full by the due date set forth on the bill from the District and are delinquent thereafter. Words Undaliped are added; Words S sk T WoVh are deleted. Page 14 of H 17C°'lo1 The District shall discontinue all utility s8ervice VAR be diseenthwed when any portion of the overdue utilk bill Lab e the cost of Moces by the 2y in as cWggd _ County's Finance ftgi1ment) render or non- .A by the District is delinquent f payment of such bills for agyjqg. 2. When service has been discontinued for non-payment of bills, service will be renewed upon payment of D_all unpaid overdue billsk, plus ii) a shut-off look feel iii aftd a late payment pMgLV fissured iv) M ether &,s or 4=sits that may be due to the District from Lhg pMR= owner. (Appendix A — Schedule 6 5). 3. If the lock has been tampered with and the street cock has been turned on prior to full payment of all fees the meter may be removed from the property, and the Rrppegly owner shall be subject to ggrealties in agqMd_anc w 0, *0 Section 5. Should the property owner request renewal of service for the property, service will be restored upon full payment of j4-) all past due bills plus a late payment fee where applicable;: and (2) LH) a meter removal fee: and iii) any other fees or dMo_sits that may be due tote 12istrict from the proRyty owner. (Appendix A — Schedule 6 5j. 4. If service has been discontinued for nonpayment of bills and an illegal water connection is made, service will be-fenewed restored only after the District receives in full the opoR payment of all unpaid bills;, In additign th co will o er costs be =lied to the account as gMr_oprijt_e, including, i) time and material costs to remove the illegal connection and reggrg service, as determined by the District, :ijiT the cost of the estimated amount of unbilled VqAtble water and §gw9r charges, as applicable, as determined by the District duriniz the veriod of the illeizal connection, eensumpfion less , iii e pg3m= of any other fees or deposits that may be due to the District from the property owner; plus ivy the V_roRggy owner shall be subject to penalties in Accordance with S` cti 5 and the charge for : - A having an illegal connection VeCi .—.t)ncndix A liop as specified in the fine speeified .0 Schedule 6-D. 5. Billing for potable water, ae-w—e.,r aeMee or efflwmt 4Agafift LQ wpte service-, shall begin upon mgistrMiea of eewanV6ea installation of the Words jjpdaline are added; Words Suvok Timmgh are deleted. Page 15 of 29 17 C' ELI meters., ef i:iinety (90) days ffem dMe of tne*r- iwWlafien, whieheyer ee fffst. Billifts faf 8 "1 eewimmee upen the isseenee ef a eef4ifieate ef eee . . Wy (90) days Niewing 4he issuanee of a aWee to eemeet to the sewef system, whiehevef aeoufs fiFS4. 6. The property owner shall immediately notify the District of any additional dwelling units connected to the District's service lines if the dwelling units have not been included in previous applications. The pArR9& 2=er ball immediate no the District whe a the RroR= is suj, divide d into uniLs., with individual folios, that are then said as ind Spe a _,ndpnt units, each UWt sh 11 be individually Conn _Mt_ed to Digrict SgLy_jce5, Cosj§ f r -Q di work rgguired for such connections shall be incurred b the p= owner at no cost to the Distri p.. T y p roe �t h District's _9 service may be discontinued Fff for violation of this Section, 4he Distiet' may be diseenfinu-ed- 14G. Billing Payment When Meter Reads Not Available Beeemes De&e ; Right of Entry Of Authorized Agents Or Employees. I Should the meter on any premises become defective, so such that the amount of RgIgble or IQ water delivered to such VLem sgI for the current month j cannot be ascertained, the property owner shall pay for that month an amount equal to the previous twelve (12) Months average ametrA ebwged fef the fetw (4) preeeding manths billings for water volume charge unless the actual amount of water can be determined. Calculations for any such adjusM=ts shall be in accordance with a documenjgd and approved ,procedure. 2. The Distrig reserves the ri&t to estim gg Water,, sewer, and IQ w ter charges durina a billin eriod. The estimate shall be based on pLeyious twelve (12) months average billigggs for water.. seWSr, and IQ water y,-e_kdfne charg-u, Calculations for anv such adiustments shall be in accordance with a documented and approved procedure. 2-1 Duly authorized agents and employees of the District shall, dwing dayliot hews or- if ealled out aftff da* for. emer-geney sepAee, have access to any property for the purpose of examining the condition of fixture, service pipe Words Underlined are added; Words gtmek Thmol are deleted. Page 16 of 29 0 17C'1 1 installation and such other purposes as may be proper to protect the interest of the District, reading or repairing the notable and 10 water meters, and cross connection control dAviecs located thereon, or turning the supply of such water service to the premises off or on. I H. Water Bill Complaints. Normally, high water bill complaints will not be accepted for inspection by the District unless all plumbing fixtures, piping and outlets have been examined by a licensed plumber who has certified that there are no leaks, If an investigation is made by the District and the findings reveal the initial meter reading was accurate and the meter is functioning properly, a m= re- read charge (Appendix A Sehedula-0 wW_May be asse%ed aga st char Mt d to the property _ owner, The property owner shall be charged (AppeR" A SehedWe 6) for meter tests which show the meter is functioning properly. j 1. Meters, Location And Charge For Moving. Meter-s shall be plaeed when possible just mitWa the pfepeAy line a the pfepe#y eamer- a+ the fteafest peifli to the Wp in main. M�J= and any assg!j=d cross gQ=e_ction control devices shall be located within, the Co y utiliV easement sendag the prg=, at the nearest point to the tap-in main, unless Mcific ciLcuntgances dictate olhg M,*se. If a meter is moved at the request of the property owner, the property owner shall pay a fee equal to the District's full cost to remove and re-install the M2ter, sguigg lines/lIterals, and My associatedcross connection control device at a different location in accordance with Appendix A — Schedule -5 4. K J. Connections With Water, Aftd-Sower,, ga4 IQ W%OT Required. The owner of each lot or parcel of land qL2nit_with an individual folio within the District where any improvement is now situated or shall hereafter be situated, shall, if the District operates and maintains water distribution and/or sewer collection facilities along the frontage of their property, connect or cause such improvement to be connected with the water and/or sewer facilities of the District. The usage of such facilities shall, at a minimum, be used for all indeer- doinestic usage and shall be connected within ninety (90) days following notification to do so by the District. Connection to the feese IQ wate, system shall only be required if the development order and/or property purchase agreements require such connection, and there is IQ water available. AllCosts fgr all works required for such connections shall be incurred by the I?EUerty Words Underlined are added; Words St►ek Thmuo are deleted. Page 17 of 29 G 17C'' I owner and the connections shall be made in accordance with rules and regulations which may be adopted from time to time by the District, which rules and regulations shall. provide for a charge for making any such connection in such reasonable amount as the governing board of the District may fix and determine. No connection or connections shall be required where the water or sewer system or line is more than two hundred (200) feet from such property line. L K. Exceptions To Connections. I This Ordinance shall not be construed to require or entitle any person to cross the private property of another in order to connect to the District's po—ta-bft water, IQ water, and/or sewer service. 2. Connection to the District sewer collection facilities May be defeMqd by the District fora to five (5) 4m, from Ah-0 access to strict facilities becomes available, if the 2rggggy owner dernonstrates that W existinj vote sewer system on the pgrgpeM Mm in § in gp=lip e with EjLn _nA Q Health opq_ating standards, or until modification or EgWMement is mQuired. , Monthly sewer base charges will be applied dLnng this ggn_od. 3. Connectioll to the P:igidet sewer collection facilities Ma y be deferred if the District determines, in accordance with a documented cost estimate provided by certified py–ofesgjoal, that the coMWLon c2§ts Mu_ld be unr asQna_bI!p. in order to meet utilities standgLds. Monthly sewer base charges will be applied during this period. 4. Connection to jhS District sewer collection mU b--e deferred if the District sewer collection facilities along the ft2nWq of ft REgRLrty is a force main and the District dqterrnines, in gcgrdance with a do cum gneed cost estimate "r vi ded by a certified 12rgLegigoL lbgt JhC cgnneg L ion co sts wool be unreasonable, in order to meet utilities standards, Monthly sewer base char es will not be applied during this period. 5. Any exceptions to con_nectLqnj shall bg in M2Ed_aRce with a documented and approved Procedure. M L. Connections May Be Made By District. Words Undaling are added; Words &mok 44wough are deleted. Page 1 8 of 29 & 17CyM1 If any property owner of any lot or parcel of land within the District shall fail or refuse to connect to and use the l2otable water, IQ Wjkr ct after and/or sewer facilities of the Distri notification, as provided herein, then the District shall be authorized to make such connections, entering on or upon any such property for the purpose of making such connection. The District shall thereupon be entitled to recover the cost (Appendix A — Schedule -5 4 of making such connection, together with reasonable penalties and interest and attorney's fees, by suit in any court of competent jurisdiction. In addition and as an alternative means of collecting such costs of making such connections, the District shall have a lien on such property for such cost; which lien shall be equal dignity with the lien of State and County taxes. Such lien may be foreclosed by the County in the same manner provided by the laws of Florida for the foreclosure of mortgages upon real estate. M. Disc2nIWIM= Of Water, Sewer, And IQ Watgr SqI:y:jce No prope1tv owner shall be relieved of the obligation to pU water, sewer, and IQ water charges unless the roe owner has obtained a 'Discontinuance of Water, Sewg, and IQ Water Service Authorization kQm JI& DigWgt, An e2jgMRle of a Lituation at mU gualif f or a X discontinuance of water, sewer and IQ water service .includes, but is not limited to demoli and removal of all improvements and struc evidenced by a comRleted lures on a prq2eM eviden. demolition permit. When an authorization is ganted to discontinue water, IQ water, and sewer senj!ge . charges shall terminate on the at of removal of the meter istrict. e char e o a e by !he DL Th --Y, f I discontinuance of wgllr and sewer authod_mtipn iA in ggcorndangg wilh &p_endix A — Schedule 5_. Charges for any subseguent re-installation of the water meter Vd sewer sgaices will be in accordance with ERC calculations and with AR29ndix A — Schedule 3. N. Unlawful Connection Prohibited. No person shall be allowed to connect into any water,, or sewer, or IQ water line owned by the dDistrict without written consent of the District. The connection with such line shall be made only under the direction and supervision of the District. Any property owner or plumber who shall tnalw m,,,,akitt any connection without such consent of the Go" District shall, upon conviction be subject to the penalties hereinafter provided. 0. Failure To Maintain Plumbing System. Words Un rli ed are added; Words Stmok Thmagh are deleted. Page 19 of 29 0 17C'r1 The property owner shall be responsible for maintaining and keeping free from obstruction the water, aad,-sewer @ad- IQ water pipes and asLoc-L A o assets ss leading to and connecting from the plumbing system to the District's water,, and sewers, and 1_Q water mains.; and f Failure to keep the such water,, and-sewer, and 10 Water pipes and associated assets that are the responsibility of the property owner, from obstructions and maintained in a proper manner, shall result in penalties in accordance with Section 5. P. Unpaid Fees To Constitute A Lien. In the event that the fees, rates or charges for the services and facilities of any water,, and/or sewer, and/or ID water system shall not be paid as and when due; any unpaid balance thereof and all inter penalties accruing thereon shall be an automatic lien on any parcel or property affected thereby. Such liens shall be superior and paramount to the interest on such parcel or property of any owner, lessee, tenant, mortgagor or other person except the lien of county taxes and shall be on a parity with the lien of any such county taxes. In the event that any such fees, rates or charges shall not be paid as and when due and shall be in default for thirty days or more the unpaid balance thereof and all interest accrued thereon, together with attorneys 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 mortgage on real property. Q. No Free Service. No water,, eT--sewage disposal, or -IQ —water service shall be furnished or rendered free of charge to any person, firm, corporation or governmental body. Each and every County agency, department, or instrumentality which uses such service shall pay therefore at the rates fixed by this Ordinance. R. Separate Connections For Each Separate Unit. 1. Unless authorized by the District, each dwelling unit whether occupying one or more lots and whether it shall occupy any lot or parcel jointly with any other dwelling unit shall be considered a separate, unit for the payment of the water,, and-sewage disposal, and IQ w ter rates and charges, and separate connections will be required for each of such dwelling units. Words Unde(lined are added; Words Stmok T494 ph- are deleted. Page 20 of 29 0 17C'0f 2. When a g=Mu-njky -of pnpg= owners , _H eowner Associati n (H 0 A-) or Condominium association, where Dig1jrt gry-ig&s are tel wraocted to ea h pLop My. elects _ District provide water njoe fln _ to h"v the _er se U_gh -a, sin master meter a form written re Lhall be Mb ted-to the District. The District will RMviLe details of the apRE9ved administrative Locess and reguiremenis that must be Mt 12 effect the regucsted _c_hEAU. SECTION TWO: AMENDMENT TO SECTION TWO OF ORDINANCE NO- -2001-73, AS AMENDED Section Two is hereby amended as follows: SECTION TWO - Submetering 2.1 A landlord who is a euaWfnef e pm -petty owner within the District and who provides water, IQ water, and/or sewer service to rental units through a single master water meter shall, under any of the following three circumstances, be exempt from the prohibitions contained in Section 1.4, paragraph B.1 against the sale or disposition of District water, It) Hater, and/or sewer service: A, A landlord may apportion the monthly charge for District water, IQ water, and/or sewer service through the master meter equally among all rental units provided that the total monthly charge to all rental units shall not exceed the landlord's actual cost for District waterQ water, and/or sewer service; or B. A landlord may install submeters for each rental unit to t" measure each unit's usage of water service and then charge each unit according to its emaet measured usage;. however in no event shall the amount charged to all the rental units exceed the landlord's actual cost for District water and/or sewer service. A landlord who installs submeters shall comply with the requirements of Section 2.4, below and shall not recover more than his actual cost for District water and/or sewer service &etigh associated with the regpMfi master meter and shall not pass on to his tenants any of the capital or administrative cost incurred in the installation and Words Undgr1ined are added; Words Stmek Thr-euiow- are deleted. Page 21 of 29 & 17C"' Mi, monitoring of the submeters or the billing of tenants for their water j-Q--&�,r and/or sewer service usage; or, C A landlord may also provide water, IQ water and/or sewer service to rental units i e tal through a single master water meter for no specific compensation provided that in no event shall any landlord recover more than his actual cost for District waterIQ wa e t_r, and/or sewer service from his tenants. 2.2 For any rental units which are under lease agreement as of the effective date of this Ordinance, a landlord choosing to install submeters as provided in Section 24-A, paragraph B above, shall not begin monitoring a rental unit's water usage and cgrreaponding billed sewer flow where 012licAbIg for the purposes of charging a unit according to its actual water usage Md sewer until the expiration of the then existing term under such lease agreement. Upon renewing an expired lease, or upon entering any new lease agreement with a tenant subsequent to the effective date of this Ordinance, a landlord choosing to submeter shall fully disclose to the tenant the landlord's ability to separately charge each rental unit for water IQ water, and sewer service according to its e*ae metered water usage. Such disclosure sll must be in both of the following forms: (1) oral representations by the landlord to the tenant at the time of negotiating the lease and before either party has signed the lease agreement, and (2) by a conspicuously printed disclosure provision in the lease agreement specifically referencing the landlord's ability to submeter pursuant to the terms of this Ordinance and initialed, by the tenant. 2.3 Upon a tenant's written request, any landlord who exercises his privilege to recover his actual cost for eeuat-y District water, IQ water, and/or sewer service shall provide to the tenant documentation of the landlord's actual cost for District water it water,, and/or sewer service as well as documentation and a written explanation of the basis for any costs charged to the tenant for water, IQ water, and/or sewer service. Such documentation and written explanation shall be provided within five (5) business days from receipt of the written request. 2.4 Furthermore, upon. dispute of a water, IQ water, and/or sewer bill by a tenant in person, in writing, by telephone, or in any other manner, a landlord shall, within five (5) business days of Words QflderIi_ngd are added; Words S#u& 4Ueogh are deleted'. Page 22 of 29 /1"ZN U(Y 1■ receiving notice of the tenant's dispute, pursue all of the following remedies in an effort to resolve the dispute: A. Reread the master meter and/or any submeter to verify the accuracy of the meter reading process and the working condition of the meter(s); B. If the working condition or accuracy of the master meter or any submeter is in question after being reread, the landlord shall have the meter tested; C. If after being tested the master meter or any submeter is found to be inaccurate or otherwise defective, the District or the landlord, as the case may be, shall immediately repair or replace the meter. D. Provide documentation of current and past billing practices with respect to the applicable rental unit for the period of the requesting tenant's occupancy; E. Arrange a meeting with the tenant and the property manager or some other representative of the landlord to discuss the billing process; AND and F. Any tenant whose request is unsatisfactorily addressed or who has exhausted the above options without redress may bring suit in a court of competent jurisdiction to obtain relief under Chapter 83, Florida Statues, the Landlord Tenant Act. 2.5 All submeters must aehieve ne less than register within the accuracy standards as currently met approved and used by the District for its own water meters. In addition, any landlord installing submeters shall provide, where applicable, the following services, at the landlord's expense, which either meet or exceed the level of service currently provided by the District with respect to its water meters: A. The landlord shall promptly, upon receiving notice, repair all submeter leaks; B. The landlord shall promptly, upon receiving notice, replace any failed service lines or associated components; C. The landlord shall promptly, upon receiving notice, replace damaged or deteriorated submeter boxes or lids, and shall, where applicable, lower or raise a submeter box to grade as necessary; D. The landlord shall, upon receiving a water quality complaint, check applicable connections and flush applicable service lines; Words Underlined are added; Words Stmele 44voo,911h are deleted. Page 23 of 29 17C���� E. The landlord shall, upon receiving a low pressure complaint, check and test the system to ensure proper operation: F. The landlord shall locate and provide the location of all submeters and service lines tipon reasonable request by a tenant; G. The landlord shall turn off applicable submeters in emergency situations; H. The landlord shall read all submeters no less frequently than once a month; I. The landlord shall replace all submeters that become stuck or,difficult to read; and J. The landlord shall notify the tenant of a potential leak upon reading a submeter that reflects an unusually high usage. 2.6 The provision of water and/or IQ MM service through a single master meter by a landlord as described in this section is deemed not to constitute the sale or disposition of water and/or IQ water service. The provision of sewer service as described in this section is deemed not to constitute the sale or disposition of sewer service. 2.7 Any condominium association or Homeowners Association MQAJ that is a customer of the District and provides water and/or sewer and/or 10 water service to condominium units or single family homes/units through a single master meter may allocate the cost for such water service among its members either by equal apportionment, installation of submeters, or otherwise provided that such allocation of cost is restricted to recovery of the condominium association's actual cost for District water and/or sewer service M_d/or IQ &at A and directly related administrative or capital expenses incurred in recovering that cost. Upon a member's written request, any condominium association or HOA that exercises its privilege under this exemption from the prohibitions in Section 1.4, paragraph B.1 to recover its actual cost for District water and/or sewer and/or IQ water service and directly related administrative and capital expenses incurred in recovering that cost shall provide to the gqch individual member documentation for the condominium association's or HOA's actual cost for District water and/or sewer and/or IQ water service as well as documentation and a written explanation of the basis for any costs charged to the member for water md sewer service. Such documentation and written explanation shall be provided with five (5) business days from receipt of the written request The Words Underlined are added; Words 8#ook 44mugh, are deleted. Page 24 of 24 III 17C*14 provision of water service through a single master water meter by a condominium association 2r_ HOA as described in this section is deemed not to constitute the sale or disposition of water service. The provision of sewer service as described in this section is deemed not to constitute the sale or disposition of sewer service. Be_ prviAion of 10 M=r service m described in this section is deemed not to constitute the sale or diggsition of Q water =ice. 2.8 Any landlord or condominium association or H_OA that elects to install submeters shall not charge a security deposit. 2.9 A landlord who is a property owner within the District and who owns multi Rle L e . utal units or lots, within a single Rarcel, shall 9W.X provide water and/or s mer and/or IQ Water services through a single master water me_Ler, unless an gMrovgd_ service exists prior to the gpproval of jWs Ordinance. Property gy I ,Mr§ of record are rq§ponsibe for RAMent of all delinquent balances. 2.10 A landlord who is a =pea owner within the District and who _ro_vides ater d_/or X_ p w 0 sewer and/or IQ water services IhLou mL rental A A siggig M er meter to multi unij§ or lots, within a single Rarcel, and who sells an of the units or 121-S, such Lbg they become individual parcels, shall be resl2onsiblp for nolifling the Di§trigt of the transar bons, SeDgately metered water services, and as appIgpdate, seLALer sggyjces, ggd_/Q_r IQ water sgyim are mguired to be prQvided to each new propggty, resulting from Jhg sale of guch units or to ja'or to the issuance of Certificates of Occupagon hi R. The District will 12ro , or on char 2f 2Ang[L st_ric vide details of the apRroved administrative grocess and MguiLements that must be met to effect the mguested change. SECTION THREE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 2001- 73, AS AMENDED. Section Three is hereby amended as follows: SECTION THREE - City of Naples Service Area. Words ridge ined are added; Words Stmok Ufeao are deleted, C�' Page 25 of 29 17C 10 1 3.1 No extension of existing distribution water mains of the water system of the City of Naples may be made within the GaIlief Geunty Watff,Sewe District, without the prior, written consent and approval of the governing board of the District, except that this Ordinance shall not apply to the lands described in Section 3.4. 3.2 All applications for said distribution water main extensions shall be made in writing to District staff who shall present said requests to the governing board of the District within thirty (30) days of receipt thereof. 3.3 The governing board of the District may attach reasonable conditions to the issuance of permits for distribution water main extensions which conditions may include, but not be limited to, provisions for payment of system development charges or impact fees which are, or may be enacted by the Geer- County. 3.4 The City of Naples Water Service Area Boundaries are as follows: Wards QnAodi are added; Words Stmak PmeogO are deleted, Page 26 of 29 t9w.4 M69ME"Mr. MMMM' Swim Ii -1.1' NO ONE. — N;. WIN@, MINVIRRM!"MM "I 112911arm" - - Wards QnAodi are added; Words Stmak PmeogO are deleted, Page 26 of 29 17C "�1 of beginning. SECTION FOUR: AMENDMENT TO SECTION FOUR OF ORDINANCE NO. 2001- 73, AS AMENDED. Section Four is hereby amended as follows: SECTION FOUR — Appendices for Rates, Fees and Charges The Board of County Commissioners as Ex-officio Board of the Collier County Water- Sewer District hereby adopts the Rates, Fees, and Charges as set forth in Schedule I through -7-5; inclusive, appended hereto as Appendix A, which as of October 1, 2006, shall be imposed upon all users of the County Watef Se District's services within the District's boundaries and outside the District's boundaries subject to appropriate mutual agreements. The AFF4 ehwVs shall apply erAy to the respeefive E"s reseFved b�; payment ef the related watoF an" wastewatep impaet &es sebsequefA te Oe4eber- 1, 2006, mW 4hese AFPI eharges sh" net apply to ERGs fesefved by payment fef the ERGs r-eeeived by s4a subsequent to Deeerabef 2012. These rates, fees, and charges may be changed from time to time by ordinances or by resolutions of the Board of County Commissioners as Ex-officio Board of the Collier County Water-Sewer District, provided the Board publishes, in a newspaper of general circulation in Collier County, notice of an advertised public hearing with .regard to the then proposed schedule amendments. The proposed amendments (by County Ordinances or Board Resolutions) can be agendized on the Board's regular agenda or on the Board's summary agenda subject to removal to the Board's regular agenda. Words Underlined am added; Words S#wk Thm4ph. we deleted. Page 27 of 29 17C 14 ; 11 SECTION FIVE: AMENDMENT TO SECTION FIVE OF ORDINANCE NO. 2001- 73, AS AMENDED. Section Five is hereby amended as follows: SECTION FIVE - Penalties. Unless another penalty is specifically provided for, any person who violates any section or provision of this Ordinance shall be prosecuted and punished as provided by Section 125.69, Florida Statutes. Each day the violation continues shall constitute a separate offense. Additionally, the Board may bring suit for damages or to restrain, enjoin or otherwise prevent the violation of this Ordinance, before the Special Magistrate, or, in the Circuit Court of Collier County. SECTION SIX: AMENDMENT TO SECTION SIX OF ORDINANCE NO. 2001-73t AS AMENDED. Section Six is hereby amended as follows: SECTION SIX — Confidentiality 6.1 Confidential Information A. Information and data on a user obtained from reports, questionnaires, applications, and other material provided shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the District and County that the information is not "public record" under then applicable law, and is clearly within an exemption outlined in the Florida Public Record Law of the State of Florida, Chapter 119, Florida Statutes, or its successor in function. B. Notwithstanding any of the provisions of this Article, nothing shall be construed or interpreted to require the Gellier- County or the District to violate any of the applicable public records law(s). Any release of information or disclosure made by the County or District in order to comply with such law should not give rise to a claim whatsoever. Words Underlined are added; Words Stmek Thmuo are deleted. Page 28 of 29 0 17C It 4 SECTION SEVEN: CONFLICT AND SEVERABILITY. The provisions of this Article shall be liberally construed to effectively carry out its purpose in the interest of public health, safety, welfare and/or convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION EIGHT: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Article shall become and be made a part of the Code of laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section's, "article ", or any other appropriate word, SECTION NINE: EFFECTIVE DATE. This Ordinance shall become effective upon being filed with the Department of State. PASSED AND DULY adopted by the Board of County Commissioners of Collier County, Florida, this _ day of 2013. ATTEST: DWIGHT E. BROCK, CLERK By: Deputy Clerk Approved as to form and legal sufficiency: Scott R. Teach Deputy County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER, FLORIDA, AS EX OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By: GEORGIA A. HILLER, ESQ. CHAIRWOMAN Words Underline are added; Words $tmek 4V-eugb are deleted, Page 29 of 29 k4-7) Martha S. Vergara __� 17 C From: NeetVirginia <VirginiaNeet @colIiergov.net> Sent: Tuesday, May 28, 2013 1:07 PM To: Martha S. Vergara Subject: FW: Amendment to Ordinance Number 2001 -73 From: TeachScott Sent: Tuesday, May 28, 2013 12:29 PM To: NeetVirginia Subject: FW: Amendment to Ordinance Number 2001 -73 See below. Scott R. Teach Deputy County Attorney Collier County, Florida Tel: (239) 252 -8400 Fax: (239) 252 -6300 Office of the County Attorney, 3299 East Tamiami Trail, Suite 800, Naples, FL 34112 Under t' lorida aw, e -rnail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not sand electronic rnail to this entity. Instead, contact this office by telephone or in writing. From: ArnoldKelly Sent: Tuesday, May 28, 2013 12:28 PM To: TeachScott Cc: BelloneJoseph; CurryAmiaMarie Subject: FW: Amendment to Ordinance Number 2001 -73 Good Afternoon Scott, Please use Naples Daily News PO #4500139070. Thank and let me know if you need anything further. From: BelloneJoseph Sent: Tuesday, May 28, 2013 12:04 PM To: ArnoldKelly Cc: CurryAmiaMarie; LunclPeter; RiesenTeresa; NeetVirginia Subject: FW: Amendment to Ordinance Number 2001 -73 Kelly, Advertising for the Uniform Billing Ordinance update should be charged to UBCS admin, 408 - 210150. I'm not sure we budgeted specifically for legal advertising, but I believe that is the account in which the charge really belongs. If you would provide the PO to Ginny I would be most appreciative. Director, Operations Support 3339 Tamiami Trail East Suite 302 Naples, FL 34112 (239) 252 -2351 From: TeachScott Sent: Tuesday, May 28, 2013 10:44 AM To: BelloneJoseph; Danette Kinaszczuk; JacobsSusan; LundPeter Cc: JohnssenBeth; YilmazGeorge; NeetVirginia Subject: RE: Amendment to Ordinance Number 2001 -73 All, 17 C -44 f I I am having Dinny Neet in our office check with the Clerk to see if it is still possible to advertise for the June 11th meeting - -- it's late but we may be able to get in under the wire. We will need to have PO #s so we can arrange for the advertising for both the Utility Billing and IQ Water Ordinances. As to the latter, we may have some additional minor revisions (based on feedback received from counsel this morning) but all we need to advertise is the titles of each ordinances. We can always upload a revised version of the IQ Ordinance once finalized. If we cannot go on June 11tH I have a request from Attorney Rich Yovanovich to go on July 9th due to an arbitration hearing conflict. If anyone has an objection to expediting this matters, please let me know. Scott R. Teach Deputy County Attorney Collier County, Florida Tel: (239) 252 -8400 Fax: (239) 252 -6300 Office of the County Attorney, 3299 East Tam iami Trail, Suite 800, Naples, FL 34112 Under Ronda Law, e maii addresses are public records. if you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. instead, contact this office by telephone or in writing. From: BelloneJoseph Sent: Tuesday, May 28, 2013 10:33 AM To: Danette Kinaszczuk; JacobsSusan; LundPeter; TeachScott Cc: JohnssenBeth Subject: Re: Amendment to Ordinance Number 2001 -73 We are moving forward with advertising the billing ordinance. You will have to work with Scott on your ordinance. From: Danette Kinaszczuk Sent: Tuesday, May 28, 2013 10:31 AM Eastern Standard Time To: JacobsSusan Cc: BelloneJoseph; JohnssenBeth Subject: RE: Amendment to Ordinance Number 2001 -73 OK- Joe - please don't do anything yet. At 9:33am TODAY we received another revision with significant changes to the IQ Ordinance and Major User Agreement from the customers attorney. He hasn't spoken with his clients yet so his suggested revisions aren't final yet either. Thank you, Danette Kinaszczuk Reuse Manager, Wastewater Department 4370 Mercantile Ave Naples, FL 34104 (239) 252 -6284 office From: JacobsSusan Sent: Tuesday, May 28, 2013 10:29 AM To: Danette Kinaszczuk Cc: BelloneJoseph Subject: FW: Amendment to Ordinance Number 2001 -73 17C"'VI Danette - I believe this goes through Joe. I've never had anything to do with the Legal Advertising. Joe, please advise if you need my assistance to move this forward. Sue From: Danette Kinaszczuk Sent: Tuesday, May 28, 2013 10:25 AM To: JacobsSusan Subject: RE: Amendment to Ordinance Number 2001 -73 Sue, We finally received approval to advertise. Today's item 16C -8 will need to be advertised for the June 25`h 2013 BCC meeting. Are you the department representative that needs to review these requests? Thank you, Danette Kinaszczuk Reuse Manager, Wastewater Department 4370 Mercantile Ave Naples, FL 34104 (239) 252 -6284 office From: NeetVirginia Sent: Wednesday, April 24, 2013 4:25 PM To: LundPeter Cc: CallisPam; PattersonDonna; BelloneJoseph; Danette Kinaszczuk Subject: RE: Amendment to Ordinance Number 2001 -73 Peter: There is no need to advertise for the 5/14/13 meeting since these agenda items are requests for authorization to advertise. If authorized they would be advertised for either the 5/28 or 6/11 meeting (for adoption) I will be glad to help you and Danette with the ad requests so they will be ready when authorized by the BCC. Please call with any questions. E/ Virginia A. Neet, Legal Assistant Office of the Collier County Attorney Telephone (239) 252 -8066 - Fax (239) 252 -6600 17C' "4 Under Florida Law, e -trail addresses are public records. If you do not want your e -foal address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. From: LunclPeter Sent: Wednesday, April 24, 2013 3:19 PM To: NeetVirginia Cc: CallisPam; PattersonDonna; BelloneJoseph; Danette Kinaszczuk Subject: Amendment to Ordinance Number 2001 -73 Dinny, The above ordinance is now scheduled for the May 14 BCC meeting (Item # 7287/16C2) — it will be the companion item to the IQ Water Ordinance. I understand that you have `volunteered' to coordinate any legal advertising for both ordinances. This was the text that we had originally intended to have placed: AN ORDINANCE AMENDING ORDINANCE NO. 2001 -73, AS AMENDED, KNOWN AS THE COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE BY AMENDING: SECTION ONE, DISTRICT RATES, FEES, CHARGES AND REGULATIONS; SECTION TWO, SUBMETERING, SECTION THREE, CITY OF NAPLES SERVICE AREA BOUNDARIES AND APPLICABLE PROVISIONS; SECTION FOUR, APPENDICES FOR RATES, FEES AND CHARGES; SECTION FIVE, PENALTIES; SECTION SIX, CONFIDENTIALITY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE. Not sure whether this is how you would advertise the ordinance, but thought that I would send it any how!! I will be on vacation until Monday May 13, so if you need any additional information please contact Joe Bellone. Thank you Peter Peter Lund Manager, Customer Service & Utilities Education and Compliance Telephone: (239) 252 -2357 Cell: (239) 877 -8304 email: peterlund(d),colliergov.net Under Florida Law, e -mail addresses are p ublic records. If you do not want your e -alail address released in response to a public records request, do not send electronic trail to this entity. Instead, contact this office by telephone or in writing. 17C"t Martha S. Vergara From: Legals NDN <legals @naplesnews.com> To: Martha S. Vergara Sent: Tuesday, May 28, 2013 1:18 PM Subject: Read: Ord. Amending Ord. 2001 -73 - Water -Sewer Dist. Utility Billing Your message To: Subject: Ord. Amending Ord. 2001 -73 - Water -Sewer Dist. Utility Billing Sent: Tuesday, May 28, 2013 1:18:22 PM (UTC- 05:00) Eastern Time (US & Canada) was read on Tuesday, May 28, 2013 1:18:14 PM (UTC- 05:00) Eastern Time (US & Canada). 17C"Ikf Acct. #065797 May 28, 2013 Attn: Legals Naples News Media Group 1100 Immokalee Road Naples, Florida 34110 RE: Ordinance Amending Ordinance No. 2001 -73, Collier County Water - Sewer District Uniform Billing Dear Legals: Please advertise the above referenced notice on Friday, May 31, 2013, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500139070 17C It 11 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, June 11, 2013, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NO. 2001 -73, AS AMENDED, KNOWN AS THE COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE, BY AMENDING SECTION ONE, DISTRICT RATES, FEES, CHARGES AND REGULATIONS; SECTION TWO, SUBMETERING; SECTION THREE, CITY OF NAPLES SERVICE AREA; SECTION FOUR, APPENDICES FOR RATES, FEES AND CHARGES; SECTION FIVE, PENALTIES; AND SECTION SIX, CONFIDENTIALITY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 1 7C41p Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are available in the County Commissioners, Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ., CHAIRWOMAN DWIGHT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) Martha S. Vergara 17 C/ 3 From: Martha S. Vergara Sent: Tuesday, May 28, 2013 12:39 PM To: Naples Daily News Legals Subject: Ord. Amending Ord. 2001 -73 - Water -Sewer Dist. Utility Billing Attachments: Ord. Amending Ord. 2001 -73 (6- 11- 13).doc; Ord. Amending Ord. 2001 -73 (6- 11- 13).doc Importance: High Legals, Please advertise the following attached ad Friday, May 31, 2013. Please forward an ok when received, if you have any questions feel free to call me. Thanks, Martha Vergara, Deputy- Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E-mail: marthaxergara n,collierclerk.com NOTICE OF INTENT TO CONSIDER ORa NANCE 1 C Copies. of the proposed Ordinance are on file vvith the Clerk to the Beard and are available for inspection. All interested parties are invitecl'to attend and be heard. NOTE; All persons wishing to speak an any agenda Re.m inust register V�Rith the Countyy, administrator prior to. presentation af;.the agenda item to be addressed. individual speakers wili be limited to 3 r►ninute5 on arty, iterrt. The selection of an in- dividual to speak on behalf of an organization or group is encouraged, if recog- nized by the Chairman, a spokesperson for a group. or organization may be allotted to minutes to speak on an item. Pemons; wishing to have ksrritten or graphic materials included in the:Board agenda materials intended to be considered by the xpriate County staff a rnirvaium of seven days =_rial used in presentations before the Board Any person who decides to appeal a decision of the Board vviil need a record of the proceedings pertalnini� thereto and therefore, may need its ensure that a verbatim record of the proceedings is made, which record includes the testimony and evi- dence upon +rrtifhith the appeal is based, if you area person with a disability who needs any accommodation in order to par- ticipate in this proceeding, you are entitled, at no cost to.you,'to the provision of Re rseearing irnpalrea are m BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA GEORGIA A. TILLER, ESQ., CHAIRWOMAN DVVIGliT E. BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) May 31, 2013 No. 1991021 Martha S. Vergara 17C ' From: NeetVirginia <VirginiaNeet @colliergov.net> Sent: Tuesday, May 28, 2013 1:51 PM To: Martha S. Vergara Subject: FW: Ord. Amending Ord. 2001 -73 - Utility Billing - - - -- Original Message---- - From: TeachScott Sent: Tuesday, May 28, 2013 1:50 PM To: NeetVirginia Subject: RE: Ord. Amending Ord. 2001 -73 - Utility Billing Approved. Scott R. Teach Deputy County Attorney Collier County, Florida Tel: (239) 252 -8400 Fax: (239) 252 -6300 Office of the County Attorney, 3299 East Tamiami Trail, Suite 800, Naples, FL 34112 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. - - - -- Original Message---- - From: NeetVirginia Sent: Tuesday, May 28, 2013 1:49 PM To: TeachScott Subject: FW: Ord. Amending Ord. 2001 -73 - Utility Billing Importance: High This needs your approval. The title matches the Ordinance authorized today. Dinny - - - -- Original Message---- - From: Martha S. Vergara [ma ilto: Martha.Vergara @collierclerk.coml Sent: Tuesday, May 28, 2013 1:42 PM To: BelloneJoseph; NeetVirginia; TeachScott; LundPeter Subject: Ord. Amending Ord. 2001 -73 - Utility Billing Importance: High 17C " w Martha S. Vergara From: LundPeter < PeterLund @colliergov.net> Sent: Tuesday, May 28, 2013 2:49 PM To: Bellone, Joseph; Martha S. Vergara; Neet, Virginia; Teach, Scott Subject: RE: Ord. Amending Ord. 2001 -73 - Utility Billing Martha, I am good to go with the proof as is. Thank you Peter Peter Lund Manager, Customer Service & Utilities Education and Compliance Telephone: (239) 252 -2357 Cell: (239) 877 -8304 email: peterlund @colliergov.net - - - -- Original Message---- - From: BelloneJoseph Sent: Tuesday, May 28, 2013 2:47 PM To: Martha S. Vergara; NeetVirginia; TeachScott; LundPeter Subject: RE: Ord. Amending Ord. 2001 -73 - Utility Billing Peter, The proof reads exactly as the title in the Ordinance as presented at today's board meeting. If you have no other comments, please let Martha know she can move forward. Joe Bellone Director, Operations Support 3339 Tamiami Trail East Suite 302 Naples, FL 34112 (239) 252 -2351 - - - -- Original Message---- - From: Martha S. Vergara [mailto: Martha .Vergara @collierclerk.com] Sent: Tuesday, May 28, 2013 1:42 PM To: BelloneJoseph; NeetVirginia; TeachScott; LundPeter Subject: Ord. Amending Ord. 2001 -73 - Utility Billing Importance: High 1 t Martha S. Vergara 17C 4 f . From: NeetVirginia <VirginiaNeet @colliergov.net> Sent: Tuesday, May 28, 2013 2:48 PM To: Bellone, Joseph; Martha S. Vergara; Teach, Scott; Lund, Peter Subject: RE: Ord. Amending Ord. 2001 -73 - Utility Billing All Thank you for your review. Scott responded to Martha and approved the ad. Dinny - - - -- Original Message---- - From: BelloneJoseph Sent: Tuesday, May 28, 2013 2:47 PM To: Martha S. Vergara; NeetVirginia; TeachScott; LundPeter Subject: RE: Ord. Amending Ord. 2001 -73 - Utility Billing Peter, The proof reads exactly as the title in the Ordinance as presented at today's board meeting. If you have no other comments, please let Martha know she can move forward. Joe Bellone Director, Operations Support 3339 Tamiami Trail East Suite 302 Naples, FL 34112 (239) 252 -2351 - - - -- Original Message---- - From: Martha S. Vergara [mailto: Martha .Vergara @collierclerk.comj Sent: Tuesday, May 28, 2013 1:42 PM To: BelloneJoseph; NeetVirginia; TeachScott; LundPeter Subject: Ord. Amending Ord. 2001 -73 - Utility Billing Importance: High Hello All, Attached is the proof, please review the proof and let me know of any changes needed ASAP as it's to run on FRIDAY!! Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Hello All, 17C . 4 , Attached is the proof, please review the proof and let me know of any changes needed ASAP as it's to run on FRIDAY!! Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 E -mail: martha.versara @collierclerk.com Please visit us on the web at www.colliercierk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk @collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Naples Daily News 7C 40ol Naples, FL 34110 Affidavit of Publication Naples Daily News -------------------------------------------------- +------------------ - - - - -- BCC /PUBLIC UTILITIES FINANCE DEPARTMENT 3299 TAMIAMI TRL E #700 NAPLES FL 34112 -5749 REFERENCE: 059405 4 5 0 013 9 0 7 0 NOTICE OF INTENT TO CONSIDER ORDINANCE 59721022 NOTICE OF INTENT ' Notice is hereby given that on Tuesday, June 11, 2013, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of .County Commissioners will consider the enact- ment of a Count Ordinance. The meeting will commence at 9:00 A.M. The title of State of Florida the proposed Ordinance is as follows: Counties of Collier and Lee AN ORDINANCE AMENDING ORDINANCE NO. 2001-73, AS AMENDED, KNOWN AS Before the undersigned authority, per THE COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING g y i �% AND REGULATORY STANDARDS ORDINANCE, BY AMENDING SECTION ONE, DISTRICT RATES, .FEES, CHARGES AND REGULATIONS; SECTION TWO, appeared Amy Davidson, says that she se SUBMETERING; SECTION THREE, CITY OF NAPLES SERVICE AREA; SECTION FOUR, APPENDICES FOR RATES, FEES AND CHARGES; SECTION FIVE, PENALTIES; AND Inside Sales Supervisor, of the Naples . SECTION SIX, CONFIDENTIALTY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE COLLIER COUNTY CODE OF LAWS AND a daily newspaper published at Naples, ORDINANCES; AND PROVIDINSAN EFFECTIVE DATE. County, Florida: distributed in Collier Copies of the proposed Ordinance are on file with the Clerk to the Board and are and Lee counties of Florida; that the a available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak.. on any agenda item must register with the copy of advertising was published in sa. County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limted to 3 minutes on any item. The selection of an in- newspaper on dates listed. dividual to speak on behalf of an organization or group is encouraged. If recog- nized by the Chairman, a spokesperson for a group or organization may be allotted Affiant further says that the said Nal 10 minutes to speak on an item News is a newspaper published at Naples, Persons wishing to have written or graphic materials included in the Board agenda packets must submit said ma.erial a minimum of 3 weeks prior to the respective Collier County, Florida, and that the Sc public hearing. In any case, written materials intended to be considered by the Board shall be submitted to tie appropriate County staff minimum of seven days newspaper has heretofore been continuous prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. day and has been entered as second clasp Any person who decides to aFpeal a decision of the Board will need a record of the matter at the o s t office i n Naples, in proceedings pertaining thereb and therefore, may need to ensure that a verbatim p record of the proceedings is made, which record includes the testimony and evi- Collier County, Florida, for a period of denceuponwhichthe appeal i !based. next preceding the first publication of If you are a person with a disability who needs any accommodation in order to par- ticipate in this proceeding, you are entitled, at no cost to you, to the provision of attached copy of advert isement ; and of f i certain assistance. Please conact the Collier County Facilities Management Depart- ment, located at 3335 Tamiani Trail East, Suite #101, Building W, Naples, Florida further says that he has neither paid nC 34112, (239) 252 -8380. Assisted listening devices for the hearing impaired are avail- able in the County Commissiomrs' Office. promised any person, firm or corporati or. BOARD OF COUNTY COMMISSONERS discount, rebate, commission or refund f COLLIER COUNTY, FLORIDA purpose of securing this advertisement f GEORGIA A. HILLER, ESQ., CHARWOMAN publication in the said news a er. By: MarhaVerg ra,DeK p p By: Martha Vergara, Deputy Clerk PUBLISHED ON: 05/31 AD SPACE: 88 LINE FILED ON: 05/31/13 -- - - - - - - - - - - - - - - - - - - - - - - , - - - - - - - ---- + - - - - - - - - - - - - - - - - - - - - Signature of Affiant / ��A'__�Lday Sworn to and Subscribed be f`' re me th s of �.�. 20�D Personally known by me GARJ . „PO 1- DIC),` i .' P.3Y C0Poiivl : =C -N }ak= ot, a8 EXPEES: Nove,*,,or 2S, 20 i 4 Bonded Thru Pichard Insurance Ageray ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP17C-44 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. *NEW ** ROUTING SLIP Complete routing lines #I through #2 as appropriate for additional signatures, dates, and/or information'needed. If the document is already complete with the exception of the Chairman's signature_ draw a line through routing Ii.— B I th—gh i! f .._J r_._.__• ._ _ . • - -- - - -- - - -- - - -_.... Route to Addressees (List in routing order) • -­ -­ . — —111-1-W ...., w,u Office 10miuu w Luc Cuun Initials Attorney Office. Date 1. appLopriate. Initial) Applicable) 2. 6/11/13 Agenda Item Number 17 -C 3. County Attorney Office County Attorney Office SRT 6/11/13 4. BCC Office Board of County Commissioners Number of Original One 5. Minutes and Records Clerk of Court's Office Documents Attached PO number or account PRIMARY CONTACT INFORMATION I ' Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to contact staff for additional nr miccing infnrmntinn Name of Primary Staff Peter Lund, Utilities Phone Number 252 -2357 Contact / Department appLopriate. Initial) Applicable) Agenda Date Item was 6/11/13 Agenda Item Number 17 -C Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, SRT Type of Document Ordinance — Uniform Billing Number of Original One Attached 4 Documents Attached PO number or account N/A number if document is by the Office of the County Attorney. to be recorded All handwritten strike - through and revisions have been initialed by the County Attorney's SRT INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised evised 11/30/12 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appLopriate. Initial) Applicable) 1. Does the dgcument require the chairman's original signature? SRT 2. Does the document need to be sent to another agency for additional signatures? If yes, SRT provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike - through and revisions have been initialed by the County Attorney's SRT Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's SRT signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip SRT should be provided to the County Attorney Office at th time the item is input into SIRE. Some documents are time sensitive and require forwar ing to Tallahassee within a certain time frame or the BCC's actions are nullified. Bea re of your deadlines! 8. The document was approved by the BCC on 6111713 and all changes made during the SRT meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by th BCC, all changes directed by the BCC have been made, and the document is ready f the Chairman's signature. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised evised 11/30/12 17C .a COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE ORDINANCE NO. 2013 - 4 4 AN ORDINANCE AMENDING ORDINANCE NO. 2001 -73, AS AMENDED, KNOWN AS THE COLLIER COUNTY WATER - SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE, BY AMENDING: SECTION ONE, DISTRICT RATES, FEES, CHARGES AND REGULATIONS; SECTION TWO, SUBMETERING; SECTION THREE, CITY OF NAPLES SERVICE AREA; SECTION FOUR, APPENDICES FOR RATES, FEES AND CHARGES; SECTION FIVE, PENALTIES; AND SECTION SIX, CONFIDENTIALITY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS; the original Collier County Water -Sewer District, also known as the County Water -Sewer District of Collier County (District), was approved on November 4, 1969, by voters of Collier County in accordance with the requirements of Chapter 153, Part II, Florida Statutes; and WHEREAS, the Board of County Commissioners of Collier County, Florida, (Board) is the Ex- officio governing Board of the District; and WHEREAS, in 2001, the Board enacted Collier County Ordinance No. 2001 -73 to create a more simplified and efficient mechanism for water and sewer utility systems and for readers to more easily understand these regulations, which are applicable to the District's water, wastewater, and non - potable services; and WHEREAS, the Board subsequently amended Ordinance No. 2001 -73 through its adoption of Ordinance No. 2006 -27; and Words Underlined are added; Words Stpaek T4weuo are deleted. Page 1 of 29 17 C I V, I WHEREAS, the Board desires to further amend Ordinance No. 2001 -73, as amended, in order to clarify existing processes, reflect administrative changes, and provide for codification of existing County ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE EX- OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, that: SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 2001 -73, AS AMENDED. Section One is hereby amended as follows: SECTION ONE. District Rates, Fees, Charges and Regulations 1.1 Definitions. Unless specifically provided otherwise these definitions shall apply to this Section. A. "District" shall refer to the Collier County Water -Sewer District;_ B. "Equivalent Dwelling Unit" shall mean the equivalent usage requirements of an average or typical individually metered single - family residential connection. It is used as a factor to convert a given average daily water or sewer wastewater requirement to the equivalent number of single - family residential connections. C. Irrigation Quality(IO) Water shall mean alternative water resources other than potable, available to the District and shall include: (a) reclaimed water - wastewater that has Words Underlined are added; Words Stmsk Thfough are deleted. Page 2 of 29 received the treatment established as currently defined by Florida Administrative Code Rule 62 610.460, as wastewater that meets, at a minimum secondary treatment and high-level disinfection prior to entering holding ponds or the IO Water System; (b)upplemental Water Supplies such as around or surface water, (c) Any combination thereof IO Water may also be referred to as reuse water, effluent water or reclaimed water. D. "Service Base Charge" shall mean a monthly charge per dwelling unit or equivalent dwelling unit connection for residential and non - residential accounts with no usage included The Service Base Charge includes components for administration billing and meter size related system maintenance costs. F—E. "Sewer Use" shall be defined as the connection of drains for all faucets and facilities on the property, where potable water is used in connection with sanitary purposes from the potable water system. Such usages shall include, but not be limited to, sinks, showers, bathtubs, commodes, urinals, bidets, dishwashers, washers, and other such facilities. "Sewer Use" shall specifically not include runoff water being allowed to enter the District Sanitary Sewer System. 9 F. "Sewer only use" shall be defined as the connection of drains for all faucets and facilities on the property where well water or potable water from a non - District water supply or where no water (leachate) is used, in conformance with other Ordinances adopted by Collier County, or applicable State and Federal laws rules or regulations FI G. "Use" - The -tef "Use" with r-espeet -to "Potable Water Use" e„ the Dist -iet's ,ater- , shall mean the sole utilization of otp able water from the District system through all fixtures and pipelines on the property except where a separately metered system is available solely for outside irrigation. Any such irrigation shall require an approved cross connection control baekfh •-- pfeyoatie., device and a physical separation from the remaining potable water system. "Water Use" shall specifically include, but not be limited to, the flow of water to all sinks, dishwashers, commodes, urinals, showers, hot water heaters, washers, drinking water coolers and drinking water machines. Such facilities shall also drain to the District's sanitary sewer system, where available, in conformance with other applicable sections of this Ordinance as well as other Ordinances adopted by Collier County, or applicable State and Federal laws, rules or regulations. Words Underlined are added; Words Stmek Through are deleted. Page 3 of 29 17C 'wN 1.2. Monthly Rates, Fees and Charges. Monthly rates, fees and charges for water, sewer, or effluent 10 water, and fire meter services (referred to as "utility service ") provided by or made available by the District shall be sufficient to recover system operation, maintenance, renewal., enhancement, and replacement., -and debt service and any other costs or requirements of the District eests and shall be proportionally distributed among system users and customers receiving the benefits as follows: A. Monthly user fees for the Collier County Water -Sewer District Residential and non - residential properties within the respective water and sewer utility service boundaries of the Collier -Feuer District shall pay the rates, fees and charges for service provided by the Gelfier G,,, n4y Water- Sewe District in accordance with Appendix A — Schedule 1. E B. Monthly rates, Usff Fees and charges for effltien4 iffi .atio., .,sage IQ water service in the District service area shall be in accordance with Appendix A — Schedule 3 2. D C. Accounts and Bill Delivery Addresses 1. Accounts shall be established in the name of the property owner as shown on the Property Appraiser's database or public records such as may be recorded by the County Clerk of Courts. 2. Monthly bills for utility service will be sent to the property erty owner at the address requested in the service application. Words Underlined are added; Words Stmok 44ffeugh are deleted. Page 4 of 29 ' 17C w I 3. Changes of address for billing purposes must be approved in writing and duly signed by the property owner. Approval can be by letter, District change of address form, fax or by e -mail scanned attachment. 4. Duplicate bills may be requested in writing and duly signed by the property owner by letter, fax or Distr--e* ehan e of as f r by e -mail scanned attachment. 5. A duplicate bill processing fee (Appendix A — Schedule 6 5) will be plaeed charged to each account for each specific request of a duplicate bill en the aeeeunt -for utility service billing purposes. Duplicate bills are limited to one per account. B D. Methods of Payment 1. Cash, check, direct debit and/or credit card (when available), and electronic transfer are available methods to pay monthly utility service bills rendered by the District to the property owner. 2. Cash, check and credit card payments may be made at the District billing office address, as printed on the utility bill. 3. Check payments can be made through the U. S. Mail to the lockbox facility using i-n the envelope provided with the monthly water bill to the D n 4. Credit card payments (when available) can be made via the internet and telephone ie&l-y. Automatic Credit Card Payments may be set up via the internet. 5. Direst debit Automatic Bank Payments, payments are available. Requires Automatic Bank Payments may be approved by the District only after the satisfactory completion of an Automatic Bank Payment form. 6. Non - Sufficient Funds (NSF) checks returned by the District bank or banks as uncollectible will not be reprocessed for payment by the District. The amount of the NSF check plus i the an appropriate NSF charge (Appendix A — Schedule 6 5) and ii where applicable., any other rates, fees and charges., will be plaeed on billed to the account. for- r bil Words Underlined are added; Words Stmek Thfough are deleted. Page 5 of 29 17C-,,1 1.3 District Rates, Fees and Charges other than Monthly User Fees. A. Meter installation charges for meters and for baekfle cross connection control devices two Q inches (z) or smaller in size are to be paid to the District in accordance with Appendix A — Schedule-4 3. The fees in this subseetien are based upen meter- installa4ien eests for- a typieal single STV family residential street-. 1. All meters and cross connection control devices two Q2) inches (2L') or smaller will be installed by the District and shall remain the property of the District. 2. For meters and cross connection control devices larger than two (2) inches, the materials and labor for installation of such meters shall be furnished by the devel epe- property owner or duly authorized individuals in accordance with District requirements and specifications and dedicated to the District in accordance with County ordinances, at no cost to the District. 3. Meters and cross connection control devices must be left accessible to District employees at all times in conformance with all Ordinances adopted by Collier County, and applicable State and Federal laws rules or regulations " by Dist4iet employees. 4.a. When any property owner; who has with an existing water meter, makes application to the District for the installation of a larger meter to replace a smaller meter, and such installation is approved, by the District, the following charges shall apply (in accordance with Appendix A Schedule 3): a meter installation fee a cross connection control device charge and if required a tapping fee for the lafgef fn°+ °r ~ °a and connection of the property to the District water facilities. nNo credit shall be given for Any tapping charges previously paid ee-by the property owner with respect to the smaller meter and service. A meter upsize application form must be completed signed and submitted by the property owner prior to the installation of any larger meter or applicable service line The District installs meters (2) inches or smaller. The difference in impact fees between the Words Underlined are added; Words g#t ek Thfetigb are deleted. Page 6 of 29 17 C'' 101 smaller meter and the larger meter must be paid before a work order will be issued for the installation of the larger meter and if applicable, the time and materials cost to install a larger service line. fees or- impaet fees given te any pfepeAy ewner- requesting a smaller- meter. 4. b. When any property owner, with an existing water meter, makes application to the District for the installation of a smaller meter to replace a larger meter, a meter downsize application form must be completed signed and submitted by the property owner. Smaller meters will only be considered where the property meets the criteria for the smaller meter size The District installs meters two (2) inches and smaller. There shall be no refunds or credits of tapper fees or impact fees given to any Droperty owner requesting a smaller meter. 4. c. For installations other than those identified above installation charges will be based on time, materials and an administrative fee (Appendix A — Schedule 4). 4. d. When a property owner wishes to change a meter three (3) inches or larger, the property owner shall obtain written approval from the District of such increase in meter sizing before engaging with a licensed contractor to undertake the work in full compliance with provisions of Section 1 4 paragraph N of this Ordinance. B. Temporary Meters. 1. a. Temporary meters two (2) inches or smaller may be installed and removed by the District. The fee for such installation and removal shall be based upon the District's actual costs for time, equipment and material, as appropriate, in accordance with Appendix A — Schedule 3 4. 1. b. Temporary meters larger than two (2) inches may be installed and removed by contractors in full compliance with provisions of Section 1 4 paragraph N, of this Ordinance. 1. c. Mobile temporary meters may also be used. Meter readings for all mobile temporary meters must be supplied to the District on a monthly basis as agreed at the time of application, or be subject to removal and additional charges Words Underlined are added; Words Stfuck Thfough are deleted. Page 7 of 29 17C,, 1 2. The temporary and mobile temporary meter monthly charge for service shall be based upon the non resident commercial monthly availability base and volume charges in accordance with Appendix A — Schedule 1. 3. A wefk er-def fer- the installafien ef a temperafy meter- will be issued upon -43. A refundable temporary meter deposit (Appendix A — Schedule 6 5) n shall be paid by the applicant concurrently with the Temporary Meter Application, except for temporary meters in association with District capital projects projects supervised by District staffs The deposit may be used to offset costs for repair and/or replacement to District assets owned temporary meters. If damages and repair costs are greater than the deposit, the applicant will be invoiced for the remainder of the difference. The deposit may also be used to offset outstanding account balances to the extent service provided through the temporary meter is requested to be terminated by the applicant or at the request of the District. 4. The District will be responsible for the installation of any temporary meter two (2) inches or smaller, other than a mobile temporary meter. A work order for the installation of a temporary meter two (2) inches or smaller, will be issued by the District only pon receipt of an executed Temporary Meter Application. C. Distriet Other rates, fees, and charges ether- than monthly user- fees, meter- tapping fees, time and material fees, tempefat-f meter- fees, impaet fees, industfial sewer- use , baekfiew pr-eventien sen4ee fees and develepmentlpefmitting felated fees. The rates, fees and eharges established by this i the District include but are not limited to the services listed below. The actual charge rate for the service is in accordance with Appendix A — Schedule 6 5. 1. New Accounts — Property Change of Ownership Words Underlined are added; Words Stmek ThFough are deleted. Page 8 of 29 Owner-'s Request -32. Meter Re -read or Data Loa -4-3. Meter Test -54. Meter Lock 65. Meter Unlock After Hours Words Underlined are added; Words Stmek ThFough are deleted. Page 8 of 29 17C ' I 7 6. Meter Removal 97. Illegal Connection 98. Credit Card Convenience Fee Handling Char-ge 4-09. Temporary Meter Deposit 4410. Duplicate Bill Processing Fee 4-211. Non - Sufficient Funds (NSF) Processing Charge 4-312. Late Payment Charge Penalty 13. Vehicle Parked Over Meter Charge 14. Removal of Landscap (to access meter box and cross connection control device D. Late payments for monthly user fees are subject to a late payment ehar-ge ep naltX (Appendix A — Schedule 6 5) on the unpaid balance after the due date on the bill. E. The rates, fees and charges as established in this Section shall be reviewed on an annual basis to ensure adequate revenues for District system operation, maintenance, renewal, replacement, enhancement and debt service costs. F. Reasonable pey plan affangements Customer Payment Agreements may be tised allowed at the sole discretion of the District for delinquent ,,,,,,,.ul4s payment of any services provided to the account. All pay plan affangemei4s, Customer Payment Agreements must provide for the full and timely payment of ftitwe ,,,..,s,•m ptie., all outstanding amounts due and any additional amounts that may be due to the District as a result of providing continued service to the account. Any default of a Customer Payment Agreement payment by a property owner or a tenant (as approved by the property owner) may result in termination of service and the requirement for all outstanding balances to be paid in full before service is re- connected G. Adjustments 1. Any debit or credit adjustments for any District service can only be made as the result of a documented and approved procedure. For- example: The pr-eeedefe for- adjusting etistemer- aeeounts for- tmexplained less ef meter-ed w was appr-eved in updated fefm en januafy 3, 2004-.- Words Underlined are added; Words Stmek ThFough are deleted. Page 9 of 29 17 C M 3 2. Debit and/or credit adjustments for District errors and omissions should be applied to the account or refunded, if appropriate, and are subject to appropriate review and authorization in accordance with the approved table of authorities. H. Refund of Credit Balances/Final Bills 1. Refunds of credit balances for a continuing account shall be processed and forwarded to the County's Finance Department for disbursement on a weekly basis. 2. Refunds of credit balances as a result of final bills shall be processed and forwarded to the Count's Finance Department for disbursement on a monthly basis. 3. Refunds of credit balances will be made payable to the individual or entity who made the monthly payments) during the period for which the credit balance relates. 34. In no event, shall refunds be processed for credit balances which are less than X00 the cost of processing as set forth in Appendix A — Schedule 5. -45. In no event, shall final bills less than X5-:80 the cost of processing as set forth in Appendix A — Schedule 5 be processed and mailed. 1.4 District Regulation. A. Application For Service. 1. To obtain service, an application/contract form completed and signed by the property owner, must be made presented at the office(s) of the District, or sent by letter, email attachment or fax. Applications are accepted by the District with the understanding that there is no obligation on the part of the District to render service other than that which is then available from its existing facilities. The District reserves the right to refuse service from its transmission mains or to accept service to its collection system. Words Underlined are added; Words Neagh are deleted. Page 10 of 29 17 C, 2. Utility Service is furnished only upon signed application/contract of the property owner, accepted by the District, and the conditions of such application or agreement are binding upon the property owner as well as the District. A copy of each application or agreement for utility service accepted by the District will be furnished to the property owner. 3. The applicant property owner shall furnish to the District the eeffeet their full name and, street address., and a legal description of the propert y at whiek where service is to be rendered at the time of the with respect to such application for- sefv . The applicant may furnish contact details such as telephone number and email address and the full street address of the billing address if different from the service address, together with contact details. All system development charges, impact fees, connection and installation fees, new account and any other fees, rates and charges established by the District shall be paid in full at the time of application for service. The applicant shall also furnish the name of any tenant who may occupy the property and any subsequent changes of tenant. 4. Application for service as requested by firms, partnerships, associations, corporations and others (as being the he applicant requesting service from the District), shall be tendered only by duly authorized individuals (written evidence of Designated Agent's /Officer's authorization must be provided by the property owner). When service is rendered under agreement or agreements entered into between the District and an agent of the property owner, the use of such service by the property owner shall constitute full and complete ratification by the property owner of the agreement or agreements entered into between agent and the District under which such service is rendered. A tenant of property shall not be construed to be an agent. 5. Where the District's water or sewer main is aeeessible to r-ende available to provide service to the propegL no Collier County Building Permit may be issued until such time as proper application shall have been made for service and all fees necessary for the rendering of such service shall have been paid to the District. Words Underlined are added; Words Stmek TF Fough are deleted. Page 11 of 29 17C"01 6. The District may withhold or discontinue service rendered under application made by a property owner, or the property owner's agent, unless all prior indebtedness to the District of such property for utility service has been settled in full. Service may be withheld or discontinued for non - payment of bills and/or non - compliance with rules and regulations in connection with the same or any different class of service furnished to the same property owner at the same premises, or for non - payment of any account for service to the property. 7. When ownership of a property is transferred to a new owner, it is the responsibility of the new owner to request an Estoppel from the District at the time of title transfer to identify outstanding utilities balances against the property, as outstanding balances not paid will be transferred to the new property owner's account. 8. When a tenant who receives a duplicate bill vacates a property the District must be advised by the property owner to ensure that any automatic payment arrangements are stopped. B. Limitation of Use, Continuity of Service 1. Unless authorized by the District, water and/e , sewer, and /or IQ water service purchased from the District shall be used by the consumer only for the purposes specified in the application for service, and the property owner shall not sell or otherwise dispose of such service supplied by the District. Unless authorized by the District, service furnished to the property owner shall be rendered directly to the property as delineated in the agreement for service between the property owner and the District (service is considered as being rendered to the property owner by the District) through the District's connection, and under no circumstances shall the property owner or property owner's agent or any other individual, association, or corporation install equipment for the purpose of disposing of said service. In no case shall a property owner, except with the written consent from the District, extend their installation across a street, alley, lane, court, property line, avenue, or any other way, in order to furnish service for adjacent property, even though such adjacent property is owned by them. In the Words Underlined are added; Words Stmek - T4weugh are deleted. Page 12 of 29 17C , 4 event there is an unauthorized extension, sale or disposition of service, the property owner's service will be subject to discontinuance until such unauthorized extension, sale or disposition is discontinued and full payment is made of bills for service, calculated on proper classification and rate schedules and reimbursements in full are made to the District for all extra expenses incurred for clerical work, testing and inspections. 2. The District will at all times use reasonable diligence to provide continuous service, and having used reasonable diligence shall not be liable to the property owner or occupants for failure or interruption of continuous water service. The District shall not be liable for any act or omission caused directly by strikes, labor troubles, accident, litigation, breakdowns, shutdowns for emergency repairs, or adjustment, acts of sabotage, enemies of the United States, wars, state, municipal or other governmental interference, aets -e€ Ged force majeure or other causes beyond its control. 3. Property Owners shall maintain that portion of the water, and IQ water lines on their property located beyond the District service connection or oip nt of delivery, and all loss of water through breaks or leakage to the premises will be the responsibility of and paid by the property owner. The property owner shall maintain that portion of the sewer line located on their property. C. Property Owner's Liability For Damage to Equipment. The property owner is liable to the District for any damage done to the District's equipment used in providing service to the property owner, except damage done by District employees. The repair or replacement of District equipment by any property owner or duly authorized individual constitutes an illegal connection or tampering with District equipment without consent of the District and shall be subject to the penalties hereinafter provided. Charges for repair or replacement of District equipment shall be in accordance with Appendix A — Schedules 4 and 5. D. Security Deposits on Water, Sewer, and IO Water Accounts. Security deposits normally are not required on District customer accounts for water, and /or sewer, and/or IQ water service. However, the District may require a deposit equivalent to Words Underlined are added; Words Stmek Through are deleted. Page 13 of 29 17C 4rAl two (2) months average service when an account has been shut -off for non - payment more than two (2) times in any six (6) month concurrent period. These deposits may be returned after six (6) months of timely payments. sefviee when an aeeeunt has been shut eff gai: nen paymen4 fner-e than two (2) times in an, i payffients. F E. Property Owner's Responsibility for Water, IQ water, and/or Sewer Services; Bad Debts. 1. The property owner is responsible for all water, 10 water, and/or sewer services and/or other District services provided to the property. In the event service is discontinued for non - payment, service will be restored only after property owner has fully complied with provisions of Section 1.4, paragraph FC.2 and FF.3, of this Ordinance. 2. Unpaid fees constitute a lien against the property (see Section 1.4 P of this Ordinance). In the event water, and/or sewer service and/or other District services have been discontinued for non - payment and any or all services are requested to be reinstated for the property in the future, this back debt plus associated charges must be paid before water and/or sewer service and/or other District services will be furnished. 3. Bad debts as a result of bankruptcy or court actions will be written off in accordance with applicable laws, rules and regulations. CF. Dates Bills Due and Delinquent; Discontinuance of Service for Non - Payment; Reinstatement Following Discontinued Service. 1. Utility service provided by the District shall be provided only to the property owner and not the tenant occupying the property if different than the property owner. The total amounts due on Bbills for utility service are due in full by the due date set forth on the bill from the District and are delinquent thereafter. Words Underlined are added; Words Struck Thfough are deleted. Page 14 of 29 7 C The District shall discontinue all utility sService =A„" be disee finuea when M portion of the overdue utility bill (above the cost of processing as charged by the County's Finance Department) rendered by the District is delinquent for non- payment of such bills for service. 2. When service has been discontinued for non - payment of bills, service will be renewed upon payment of mall unpaid overdue bills;,; plus ii a shut -off lock fee• iii and a late payment ep nalty fee; and iv) any other fees or deposits that may be due to the District from the property owner. (Appendix A — Schedule 6 5). 3. If the lock has been tampered with and the street cock has been turned on prior to full payment of all fees the meter may be removed from the property, and the property owner shall be subject to penalties in accordance with Section 5. Should the property owner request renewal of service for the property, service will be restored upon full payment of. i4-) all past due bills plus a late payment fee where applicable;; and -(2) ii a meter removal fee; and iii) any other fees or deposits that may be due to the District from the property owner. (Appendix A — Schedule 6 5). 4. If service has been discontinued for nonpayment of bills and an illegal water connection is made, service will be=g. restored only after the District receives in full the epen payment of all unpaid bills;. In addition, other costs will be applied to the account as appropriate, including; i) time and material costs to remove the illegal connection and restore service, as determined by the District; ii )3 the cost of the estimated amount of unbilled op table water and sewer charges, as applicable, as determined by the District during the period of the illegal connection; eensumpfien less, iii) the payment of any other fees or deposits that may be due to the District from the property owner; plus iv the property _owner shall be subject to penalties in accordance with Section 5 and the charge for having an illegal connection as specified in the fi„° ° eeifie t '°Appendix A — Schedule 6-53. 5. Billing for potable water, sewer, service or effluent iffi IQ water services shall begin upon installation of the Words Underlined are added; Words Lek Thfough are deleted. Page 15 of 29 17C' s meters., days rem date of eter- insWla4ie ''' first Billing ° shall i, t c eet4ifieate upen the sewer- system, whieheyer- eeeufs first. 6. The property owner shall immediately notify the District of any additional dwelling units connected to the District's service lines if the dwelling units have not been included in previous applications. The property owner shall immediately notify the District when the property is sub - divided into units with individual folios, that are then sold as independent units each unit shall be individually connected to District Services. Costs for all work required for such connections shall be incurred by the property owner at no cost to the District. The District's service may be discontinued fef for violation of this Section, the Dist jet'° s°r iee may be diseentintied IIG. Billing Payment When Meter Reads Not Available Beeemes Dee efive; Right of Entry Of Authorized Agents Or Employees. 1. Should the meter on any premises become defective, se such that the amount of potable or IO water delivered to such premises for the current month cannot be ascertained, the property owner shall pay for that month an amount equal to the previous twelve (12) months average pr-eeeding menths billings for water volume charges unless the actual amount of water can be determined. Calculations for any such adjustments shall be in accordance with a documented and approved procedure. 2. The District reserves the rip-ht to estimate water, sewer, and IO water charges during a billing period. The estimate shall be based on previous twelve (12) months average billings for water, sewer, and IO water vehime charges. Calculations for any such adjustments shall be in accordance with a documented and approved procedure. 2-3. Duly authorized agents and employees of the District shall, ding daylight houfs or if eal ed et4 a-fter- daFk for- e , have access to any property for the purpose of examining the condition of fixture, service pipe Words Underlined are added; Words Stmek Through are deleted. Page 16 of 29 17C A installation and such other purposes as may be proper to protect the interest of the District, reading or repairing the potable and IO water meters, and cross connection control devices located thereon, or turning the supply of such water service to the premises off or on. I H. Water Bill Complaints. Normally, high water bill complaints will not be accepted for inspection by the District unless all plumbing fixtures, piping and outlets have been examined by a licensed plumber who has certified that there are no leaks. If an investigation is made by the District and the findings reveal the initial meter reading was accurate and the meter is functioning properly, a meter re- read charge (Appen&i ^ Sehe uk 6) w}} may be assessed ag charged to the property owner. The property owner shall be charged (Appen&E " Sehe tfle 6) for meter tests which show the meter is functioning properly. J I. Meters, Location And Charge For Moving. at- he- nearest -peke the tap in . Meters and any associated cross connection control devices shall be located within the County utility easement serving the property, at the nearest point to the tan -in main, unless specific circumstances dictate otherwise If a meter is moved at the request of the property owner, the property owner shall pay a fee equal to the District's full cost to remove and re- install the meter, service lines /laterals and any associated cross connection control device at a different location in accordance with Appendix A — Schedule -5 4. K J. Connections With Water, A*d- Sewer, and IO Water Required. The owner of each lot or parcel of land, or unit with an individual folio within the District where any improvement is now situated or shall hereafter be situated, shall, if the District operates and maintains water distribution and /or sewer collection facilities along the frontage of their property, connect or cause such improvement to be connected with the water and/or sewer facilities of the District. The usage of such facilities shall, at a minimum, be used for all indee domestic usage and shall be connected within ninety (90) days following notification to do so by the District. Connection to the use 10 water system shall only be required if the development order and/or property purchase agreements require such connection, and there is 10 water available. A1Costs for all works required for such connections shall be incurred by the property Words Underlined are added; Words Stmsk T43fetigh are deleted. Page 17 of 29 17C owner and the connections shall be made in accordance with rules and regulations which may be adopted from time to time by the District, which rules and regulations shall provide for a charge for making any such connection in such reasonable amount as the governing board of the District may fix and determine. No connection or connections shall be required where the water or sewer system or line is more than two hundred (200) feet from such property line. b K. Exceptions To Connections. 1. This Ordinance shall not be construed to require or entitle any person to cross the private property of another in order to connect to the District's op table water, IQ water, and/or sewer service. 2. Connection to the District sewer collection facilities may be deferred by the District for up to five (5) years from when access to District facilities becomes available, if the property owner demonstrates that an existing private sewer system on the property remains in compliance with Florida Department of Health operating standards, or until modification or replacement is required Monthly sewer base charges will be applied during this period 3. Connection to the District sewer collection facilities may be deferred if the District determines, in accordance with a documented cost estimate provided by certified professional, that the connection costs would be unreasonable in order to meet utilities standards. Monthly sewer base charges will be applied during this period. 4. Connection to the District sewer collection facilities may be deferred if the District sewer collection facilities along the frontage of the property is a force main and the District determines, in accordance with a documented cost estimate provided by a certified professional that the connection costs would be unreasonable, in order to meet utilities standards. Monthly sewer base charges will not be applied during this period. 5. Any exceptions to connections shall be in accordance with a documented and approved procedure. M L. Connections May Be Made By District. Words Underlined are added; Words Lek Through are deleted. Page 18 of 29 17C 1 If any property owner of any lot or parcel of land within the District shall fail or refuse to connect to and use the op table water, IQ water, and/or sewer facilities of the District after notification, as provided herein, then the District shall be authorized to make such connections, entering on or upon any such property for the purpose of making such connection. The District shall thereupon be entitled to recover the cost (Appendix A — Schedule -5 4) of making such connection, together with reasonable penalties and interest and attorney's fees, by suit in any court of competent jurisdiction. In addition and as an alternative means of collecting such costs of making such connections, the District shall have a lien on such property for such cost; which lien shall be equal dignity with the lien of State and County taxes. Such lien may be foreclosed by the County in the same manner provided by the laws of Florida for the foreclosure of mortgages upon real estate. M. Discontinuance Of Water, Sewer, And IQ Water Service No property owner shall be relieved of the obligation to pay water, sewer, and IQ water charges unless the property owner has obtained a `Discontinuance of Water Sewer, and IQ Water Service Authorization from the District. An example of a situation that may qualify for a discontinuance of water, sewer and IO water service includes but is not limited to demolition and removal of all improvements and structures on a property evidenced by a completed demolition permit. When an authorization is granted to discontinue water, IQ water, and sewer service charges shall terminate on the date of removal of the meter by the District The charge for a discontinuance of water and sewer authorization is in accordance with Appendix A — Schedule 5 Charges for any subsequent re- installation of the water meter and sewer services will be in accordance with ERC calculations and with Appendix A — Schedule 3 N. Unlawful Connection Prohibited. No person shall be allowed to connect into any water, of sewer, or IQ water line owned by the dDistrict without written consent of the District. The connection with such line shall be made only under the direction and supervision of the District. Any property owner or plumber who shat making any connection without such consent of the GeufAy District shall, upon conviction be subject to the penalties hereinafter provided. O. Failure To Maintain Plumbing System. Words Underlined are added; Words Lek Thfo ugh are deleted. Page 19 of 29 17C ' 1 The property owner shall be responsible for maintaining and keeping free from obstruction the water, ant -sewer and IQ water pipes and associated assets leading to and connecting from the plumbing system to the District's water, and sewers, and IQ water mains_; and Wailure to keep the such water, and- sewer, and IQ water pipes and associated assets that are the responsibility of the property owner; free from obstructions and maintained in a proper manner, shall result in penalties in accordance with Section 5. P. Unpaid Fees To Constitute A Lien. In the event that the fees, rates or charges for the services and facilities of any water, and/or sewer, and/or IO water system shall not be paid as and when due, any unpaid balance thereof and all-interest. penalties accruing thereon shall be an automatic lien on any parcel or property affected thereby. Such liens shall be superior and paramount to the interest on such parcel or property of any owner, lessee, tenant, mortgagor or other person except the lien of county taxes and shall be on a parity with the lien of any such county taxes. In the event that any such fees, rates or charges shall not be paid as and when due and shall be in default for thirty days or more the unpaid balance thereof and all interest accrued thereon, together with attorneys 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 mortgage on real property. Q. No Free Service. No water, or-sewage disposal, or IO water service shall be furnished or rendered free of charge to any person, firm, corporation or governmental body. Each and every County agency, department, or instrumentality which uses such service shall pay therefore at the rates fixed by this Ordinance. R. Separate Connections For Each Separate Unit. 1. Unless authorized by the District, each dwelling unit whether occupying one or more lots and whether it shall occupy any lot or parcel jointly with any other dwelling unit shall be considered a separate unit for the payment of the water, and-- sewage disposal, and IQ water rates and charges, and separate connections will be required for each of such dwelling units. Words Underlined are added; Words g#ttok Thfough are deleted. Page 20 of 29 17C 2. When a community of property owners Homeowners Association (HOA) or Condominium association where District services are separately connected to each property, elects to have the District provide water service through a single master meter, a formal written request shall be submitted to the District The District will provide details of the approved administrative process and requirements that must be met to effect the requested change SECTION TWO: AMENDMENT TO SECTION TWO OF ORDINANCE NO. 2001-73, AS AMENDED Section Two is hereby amended as follows: SECTION TWO - Submetering 2.1 A landlord who is a eustemer -ef property owner within the District and who provides water, IQ water, and/or sewer service to rental units through a single master water meter shall, under any of the following three circumstances, be exempt from the prohibitions contained in Section 1.4, paragraph B.1 against the sale or disposition of District waters IQ water, and /or sewer service: A. A landlord may apportion the monthly charge for District water, IQ water, and/or sewer service through the master meter equally among all rental units provided that the total monthly charge to all rental units shall not exceed the landlord's actual cost for District water water, and/or sewer service; or B. A landlord may install submeters for each rental unit to tFaek measure each unit's usage of water service and then charge each unit according to its exact measured usage; however in no event shall the amount charged to all the rental units exceed the landlord's actual cost for District water and/or sewer service. A landlord who installs submeters shall comply with the requirements of Section 2.4, below and shall not recover more than his actual cost for District water and/or sewer service thr-eugh associated with the respective master meter and shall not pass on to his tenants any of the capital or administrative cost incurred in the installation and Words Underlined are added; Words Stmek Thfetgh are deleted. Page 21 of 29 17C r, monitoring of the submeters or the billing of tenants for their water, IQ water, and/or sewer service usage; or, C. A landlord may also provide water, IQ water, and/or sewer service to rental units through a single master water meter for no specific compensation provided that in no event shall any landlord recover more than his actual cost for District water, IQ water, and/or sewer service from his tenants. 2.2 For any rental units which are under lease agreement as of the effective date of this Ordinance, a landlord choosing to install submeters as provided in Section 24-.4, paragraph B above, shall not begin monitoring a rental unit's water usage and corresponding billed sewer flow where applicable for the purposes of charging a unit according to its actual water usage and sewer until the expiration of the then existing term under such lease agreement. Upon renewing an expired lease, or upon entering any new lease agreement with a tenant subsequent to the effective date of this Ordinance, a landlord choosing to submeter shall fully disclose to the tenant the landlord's ability to separately charge each rental unit for water, IQ water, and sewer service according to its ex-aet metered water usage. Such disclosure sha44 must be in both of the following forms: (1) oral representations by the landlord to the tenant at the time of negotiating the lease and before either party has signed the lease agreement, and (2) by a conspicuously printed disclosure provision in the lease agreement specifically referencing the landlord's ability to submeter pursuant to the terms of this Ordinance and initialed by the tenant. 2.3 Upon a tenant's written request, any landlord who exercises his privilege to recover his actual cost for eetH4 District water, 10 water, and /or sewer service shall provide to the tenant documentation of the landlord's actual cost for District water, 10 water, and/or sewer service as well as documentation and a written explanation of the basis for any costs charged to the tenant for water, IQ water, and/or sewer service. Such documentation and written explanation shall be provided within five (5) business days from receipt of the written request. 2.4 Furthermore, upon dispute of a water, IQ water, and/or sewer bill by a tenant in person, in writing, by telephone, or in any other manner, a landlord shall, within five (5) business days of Words Underlined are added; Words Stmok Thfough are deleted. Page 22 of 29 17C , I receiving notice of the tenant's dispute, pursue all of the following remedies in an effort to resolve the dispute: A. Reread the master meter and/or any submeter to verify the accuracy of the meter reading process and the working condition of the meter(s); B. If the working condition or accuracy of the master meter or any submeter is in question after being reread, the landlord shall have the meter tested; C. If after being tested the master meter or any submeter is found to be inaccurate or otherwise defective, the District or the landlord, as the case may be, shall immediately repair or replace the meter. D. Provide documentation of current and past billing practices with respect to the applicable rental unit for the period of the requesting tenant's occupancy; E. Arrange a meeting with the tenant and the property manager or some other representative of the landlord to discuss the billing process; AND and F. Any tenant whose request is unsatisfactorily addressed or who has exhausted the above options without redress may bring suit in a court of competent jurisdiction to obtain relief under Chapter 83, Florida Statues, the Landlord Tenant Act. 2.5 All submeters must aehieve ne less than register within the accuracy standards as currently me4 approved and used by the District for its own water meters. In addition, any landlord installing submeters shall provide, where applicable, the following services, at the landlord's expense, which either meet or exceed the level of service currently provided by the District with respect to its water meters: A. The landlord shall promptly, upon receiving notice, repair all submeter leaks; B. The landlord shall promptly, upon receiving notice, replace any failed service lines or associated components; C. The landlord shall promptly, upon receiving notice, replace damaged or deteriorated submeter boxes or lids, and shall, where applicable, lower or raise a submeter box to grade as necessary; D. The landlord shall, upon receiving a water quality complaint, check applicable connections and flush applicable service lines; Words Underlined are added; Words Stmek Thfetegh are deleted. Page 23 of 29 17C - N E. The landlord shall, upon receiving a low pressure complaint, check and test the system to ensure proper operation: F. The landlord shall locate and provide the location of all submeters and service lines upon reasonable request by a tenant; G. The landlord shall turn off applicable submeters in emergency situations; H. The landlord shall read all submeters no less frequently than once a month; I. The landlord shall replace all submeters that become stuck or difficult to read; and J. The landlord shall notify the tenant of a potential leak upon reading a submeter that reflects an unusually high usage. 2.6 The provision of water and/or IQ water service through a single master meter by a landlord as described in this section is deemed not to constitute the sale or disposition of water and/or IO water service. The provision of sewer service as described in this section is deemed not to constitute the sale or disposition of sewer service. 2.7 Any condominium association or Homeowners Association (HOA) that is a customer of the District and provides water and/or sewer and /or IQ water service to condominium units or single family homes /units through a single master meter may allocate the cost for such water service among its members either by equal apportionment, installation of submeters, or otherwise provided that such allocation of cost is restricted to recovery of the condominium association's actual cost for District water and/or sewer service and /or IQ water and directly related administrative or capital expenses incurred in recovering that cost. Upon a member's written request, any condominium association or HOA that exercises its privilege under this exemption from the prohibitions in Section 1.4, paragraph B.1 to recover its actual cost for District water and/or sewer and/or IQ water service and directly related administrative and capital expenses incurred in recovering that cost shall provide to the each individual member documentation for the condominium association's or HOA's actual cost for District water and /or sewer and/or I water service as well as documentation and a written explanation of the basis for any costs charged to the member for water and sewer service. Such documentation and written explanation shall be provided with five (5) business days from receipt of the written request. The Words Underlined are added, Words Stmek ThFough are deleted. Page 24 of 29 17C'li31 provision of water service through a single master water meter by a condominium association or HOA as described in this section is deemed not to constitute the sale or disposition of water service. The provision of sewer service as described in this section is deemed not to constitute the sale or disposition of sewer service. The provision of IO water service as described in this section is deemed not to constitute the sale or disposition of IO water service 2.8 Any landlord or condominium association or HOA that elects to install submeters shall not charge a security deposit. 2.9 A landlord who is a property owner within the District and who owns multiple rental units or lots, within a single parcel, shall only provide water and/or sewer and /or IO Water services through a single master water meter, unless an approved service exists prior to the approval of this Ordinance. Property owners of record are responsible for payment of all delinquent balances. 2.10 A landlord who is a property owner within the District and who provides water and/or sewer and/or IO water services through a single a master meter to multiple rental units or lots within a single parcel, and who sells any of the units or lots, such that they become individual parcels, shall be responsible for notifying the District of the transactions Separately metered water services, and as appropriate sewer services, and/or IO water services are required to be provided to each new property, resulting from the sale of such units or lots prior to the issuance of Certificates of Occupation, or on change of ownership. The District will provide details of the approved administrative process and requirements that must be met to effect the requested change. SECTION THREE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 2001- 73, AS AMENDED. Section Three is hereby amended as follows: SECTION THREE - City of Naples Service Area. Words Underlined are added; Words Stmek Thfoogt are deleted. Page 25 of 29 17C PI 3.1 No extension of existing distribution water mains of the water system of the City of Naples may be made within the District, without the prior, written consent and approval of the governing board of the District, except that this Ordinance shall not apply to the lands described in Section 3.4. 3.2 All applications for said distribution water main extensions shall be made in writing to District staff who shall present said requests to the governing board of the District within thirty (30) days of receipt thereof. 3.3 The governing board of the District may attach reasonable conditions to the issuance of permits for distribution water main extensions which conditions may include, but not be limited to, provisions for payment of system development charges or impact fees which are, or may be enacted by the Gellier- County. 3.4 The City of Naples Water Service Area Boundaries are as follows: Beginning at the intersection of the easterly shoreline of the Gulf of Mexico with the southerl City limit line of the City of Naples; thence easterly along said southerly City limit and the south line of Section 27, Township 50 south, Range 25 east, to the southeast corner of said Section 27• thence northerly along the easterly City limit line and the east line of said Section 27 to the northeast corner of said Section 27; thence westerly along the north line of Section 26 Township 50 south, Range 25 east, to the northeast corner of said Section 26; thence northerly Words Underlined are added; Words c,,.., ^v Th-ough are deleted. Page 26 of 29 rmM• - • MOM Beginning at the intersection of the easterly shoreline of the Gulf of Mexico with the southerl City limit line of the City of Naples; thence easterly along said southerly City limit and the south line of Section 27, Township 50 south, Range 25 east, to the southeast corner of said Section 27• thence northerly along the easterly City limit line and the east line of said Section 27 to the northeast corner of said Section 27; thence westerly along the north line of Section 26 Township 50 south, Range 25 east, to the northeast corner of said Section 26; thence northerly Words Underlined are added; Words c,,.., ^v Th-ough are deleted. Page 26 of 29 17C H along the east line of Section 23, Township 50 south, Range 25 east to its intersection with the southerly right -of -way line of Thomasson Drive; thence easterly along said southerly right-of- way line of Thomasson Drive to its intersection with the range line between Range 25 east and Range 26 east; thence northerly along said range line lying between Range 25 east and Range 26 east to the northeast corner of Section 13, Township 49 south, Range 25 east; thence westerly along the north line of Sections 13, 14, 15, 16 and 17, Township 49 south, Range 25 east to the intersection of the north line of said Section 17 with the easterly shoreline of the Gulf of Mexico; thence southerly along the meanders of the easterly shoreline of the Gulf of Mexico to the point of beginning, SECTION FOUR: AMENDMENT TO SECTION FOUR OF ORDINANCE NO. 2001- 73, AS AMENDED. Section Four is hereby amended as follows: SECTION FOUR — Appendices for Rates, Fees and Charges The Board of County Commissioners as Ex- officio Board of the Collier County Water - Sewer District hereby adopts the Rates, Fees, and Charges as set forth in Schedule 1 through -7-5; inclusive, appended hereto as Appendix A, which as of October 1, 2006, shall be imposed upon all users of the District's services within the District's boundaries and outside the District's boundaries subject to appropriate mutual agreements. shall apply only te the respeefive ERGs reserved by peryment of the related wmer and/or- wastewater- impaet fees subsequent te Oeteber- 1, 2006, and these AFP1 ehar-ges shall not apply to ERCs fesen,ed by payment fer- the ERGs r-eeeived by staff subsequent to Deeember- 2012. These rates, fees, and charges may be changed from time to time by ordinances or by resolutions of the Board of County Commissioners as Ex- officio Board of the Collier County Water -Sewer District, provided the Board publishes, in a newspaper of general circulation in Collier County, notice of an advertised public hearing with regard to the then proposed schedule amendments. The proposed amendments (by County Ordinances or Board Resolutions) can be agendized on the Board's regular agenda or on the Board's summary agenda subject to removal to the Board's regular agenda. Words Underlined are added; Words Stmek Pwough are deleted. Page 27 of 29 17C '� 1 SECTION FIVE: AMENDMENT TO SECTION FIVE OF ORDINANCE NO. 2001- 73, AS AMENDED. Section Five is hereby amended as follows: SECTION FIVE - Penalties. Unless another penalty is specifically provided for, any person who violates any section or provision of this Ordinance shall be prosecuted and punished as provided by Section 125.69, Florida Statutes. Each day the violation continues shall constitute a separate offense. Additionally, the Board may bring suit for damages or to restrain, enjoin or otherwise prevent the violation of this Ordinance, before the Special Magistrate, or, in the Circuit Court of Collier County. SECTION SIX: AMENDMENT TO SECTION SIX OF ORDINANCE NO. 2001 -73, AS AMENDED. Section Six is hereby amended as follows: SECTION SIX — Confidentiality 6.1 Confidential Information A. Information and data on a user obtained from reports, questionnaires, applications, and other material provided shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the District and County that the information is not "public record" under then applicable law, and is clearly within an exemption outlined in the Florida Public Record Law of the State of Florida, Chapter 119, Florida Statutes, or its successor in function. B. Notwithstanding any of the provisions of this Article, nothing shall be construed or interpreted to require the Collie County or the District to violate any of the applicable public records law(s). Any release of information or disclosure made by the County or District in order to comply with such law should not give rise to a claim whatsoever. Words Underlined are added; Words Strurak Thfoagh are deleted. Page 28 of 29 17C SECTION SEVEN: CONFLICT AND SEVERABILITY. The provisions of this Article shall be liberally construed to effectively carry out its purpose in the interest of public health, safety, welfare and/or convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION EIGHT: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Article shall become and be made a part of the Code of laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION NINE: EFFECTIVE DATE. This Ordinance shall become effective upon being filed with the Department of State. PASSED AND DULY adopted by the Board of County Commissioners of Collier County, Florida, this day of ,Q„_ , 2013. w ' " "'``f ATTEST: DWIGHTiE. BROCK, CLERK 'Q- eputy Clerk r Approved as to form and egal suffi ' cy: zV Scott R. Teach Deputy County Attorney BOARD OF COUNTY COMME9SIONERS.O,F COLLIER, FLORIDA, AS EX OFFICIO THE GOV ING BO OF THE COLLIER CO Y ATE -SEWER DISTRICT By: VE G . HILLER, ESQ. IRWOMAN Words Underlined are added; Words StFuck Through are deleted. Page 29 of 29 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 1 of 3 1. WATER 17C'� I� VOLUME CHARGE PER 1,000 GALLONS (Residential, Multifamily, Commercial and Irrigation Only) Block 1 Effective Effective Effective Block 1 October 1, 2010 October 1, 2011 October 1, 2012 WATER SERVICE BASE AVAPLABH.144 CHARGES 4.84 4.84 4.84 (Residential, Multifamily, Commercial, 6.05 6.05 6.05 and Irrigation Only) 7.25 7.25 7.25 Meter Size 9.67 9.67 9.67 5/8" $17.63 $17.63 $17.63 3/4" 17.63 17.63 17.63 1" 38.92 38.92 38.92 1 -1/4" 49.28 49.28 49.28 1 -1/2" 74.20 74.20 74.20 2" 116.48 116.48 116.48 3" 215.32 215.32 215.32 4" 356.45 356.45 356.45 6" 709.27 709.27 709.27 8" 1,132.64 1,132.64 1,132.64 10" 2,049.94 2,049.94 2,049.94 12" 2,768.73 2,768.73 2,768.73 VOLUME CHARGE PER 1,000 GALLONS (Residential, Multifamily, Commercial and Irrigation Only) Block 1 $2.42 $2.42 $2.42 Block 1 3.64 3,64 3.64 Block 3 4.84 4.84 4.84 Block 4 6.05 6.05 6.05 Block 5 7.25 7.25 7.25 Block 6 9.67 9.67 9.67 BLOCK RATE STRUCTURE 51 to 75 76 to 120 Over 120 (Residential, Multifamily, Commercial 0 to 20 21 to 40 41 to 80 and Irrigation Only) 121 to 200 Over 200 1 -1/2" 0 to 25 26 to 50 Consumption Block (Thousands of Gallons) 101 to 150 Meter Size Block 1 Block 2 Block 3 Block 4 Block 5 Block 6 5/8" 0 to 5 6 to 10 11 to 20 21 to 30 31 to 50 Over 50 3/4" 0 to 5 6 to 10 11 to 20 21 to 30 31 to 50 Over 50 V 0 to 12 13 to 25 26 to 50 51 to 75 76 to 120 Over 120 1-I /4" 0 to 20 21 to 40 41 to 80 81 to 120 121 to 200 Over 200 1 -1/2" 0 to 25 26 to 50 51 to 100 101 to 150 151 to 250 Over 250 2" 0 to 40 41 to 80 81 to 160 161 to 240 241 to 400 Over 400 3" 0 to 80 81 to 160 161 to 320 321 to 480 481 to 800 Over 800 4" 0 to 120 121 to 250 251 to 500 501 to 800 801 to 1,200 Over 1,200 6" 0 to 250 251 to 500 501 to 1,000 1,001 to 1,500 1,501 to 2,500 Over 2,500 8" 0 to 450 451 to 900 901 to 1,800 1,801 to 2,700 2,701 to 4,500 Over 4,500 t0" 0 to 700 701 to 1,450 1,451 to 2,900 2,901 to 4,300 4,301 to 7,000 Over 7,000 12" 0 to 1,075 1,076 to 2,150 2,151 to 4,300 4,301 to 6,450 6,451 to 11,000 Over 11,000 Adopied by R@60106 On No 1010 168v {3} Rates to become effective with the first full billing cycle for service rendered on and after October 1st of each fiscal year indicated. Rate adjustments represent the greater of: i) 0.00% (no change); or ill 100% of the annual change in the Miami -Fort Lauderdale CPI as of April of the preceding fiscal year less 2.4%. 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 WASTEWATER SERVICE BASE AVARAR AT-Y CHARGES (Residential, Multifamily, and Commercial) Meter Size 3/4" 1" 1 -1/4" 1 -In" 2" 3" 4" 6" 8" 10" 12" VOLUME CHARGE PER 1,000 GALLONS (Residential, Multifamily, and Commercial) All Usage I3} 17C ExiStixg 1,R01104 D. tes ftl r Effective Proposed AllontMy4kite*% Effective Effective October 1, 2010 October 1, 2011 October 1, 2012 $26.94 $26.94 $26.94 26.94 26.94 26.94 61.25 61.25 61.25 78.52 78.52 78.52 118.51 118.51 118.51 187.26 187.26 187.26 347.60 347.60 347.60 576.40 576.40 576.40 1,148.69 1,148.69 1,148.69 1,835.65 1,835.65 1,835.65 3,291.09 3,291.09 3,291.09 4,877.93 4,877.93 4,877.93 $3.79 $3.79 ill Adopted by Resolution No. 2040 458, f*Rates to become effective with the first full billing cycle for service rendered on and after October 1st of each fiscal year indicated. Rate adjustments represent the greater of. i) 0.00% (no change); or ii) 100% of the annual change in the Miami -Fort Lauderdale CPI as of April of the preceding fiscal year less 2.4 %. {3j- Monthly individually metered residential usage charges are capped at 15,000 gallons. $3.79 17 C 'WA 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 of 6.000 gallons or more in 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 base 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 page 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. 17C 1 Wate VMTFR SERIVICS, AVAILABILITY GIIARGSS imlstl"g fiffoftwo $16 2r saactive APP94,20" affoGth.- 20" 60AQ - 1186r fig 96 1:24 69 7444 337 or 7.7-39 3 ro!7r 1 1/2 2: - 48640- i9fi gs z1gim zag" 3= a7l) (Is - 4: 676 40 - 4v- 4,4497.6- 4,=1 M i's 17 .97 4,4607.6 97 �,06r ar - 162 fi? 3,396 49 2,624 03 VOLU049 GIIARGIR PER 4 000 GALLONS (Rosidential l4ultifamily. Caramovelal and lFrIgation R.96.. 3 Only 14 91 $47.6 $513 ir 7r BIGGIF 3 644 71" W77 91" 81-11 4 846 &W 948 glee" Rkw" RLOCV RATE STRUCTM& millsife ll 5" commwial and irriffasion 4443- Only 949 4449 ic 92 44r" 13 2r 34 IS 9 tog 6 to 10 caftsumpt49% ofGallelm) BhWA4 RIGG" 11to;Q 219030 BIGG" alloso 1, C 61.30 319.10 13.,20 23g,90 & 4j4 to Q 12 ta �r Ote, 1$, 40 16 ..Go 91 to ;Is 419.8 vi w ilo 76 to 4N MwNo 1 lia 22 Q., IG 16 9, Q) 0 W 40 43 WRO 91 t. Ion Sol t. Igo a! to 160 lfiltsPo 19 3 1, Ica 1431,400 09.9 83 t. 360 363 t9219 3136,420 4639,200 010120 321 t. 290 393 99900 601 to 800 901 to 1,200 OVOF 4,190 0 tA Ica U3 .. Goo 601901,000 1.001 to 4,SQQ 1,69119 7,600 OVOF 3,igo 04.4" 4944.4" 444404-AM 441044a-2.= � P-4 17C M, PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING, AND REGULATORY STANDARDS ORDINANCE APPENDIX A - FEES, RATES AND CHARGES SCHEDULE 32 - IRRIGATION QUALITY WATER RATES Page 1 of 1 Existing Monthly Rates -[-l-} Effective 10/1/2008 Proposed Monthly Rates [2 jj Effective Effective 10/1/2011 10/1/2012 SERVICE AVAILABIL BASE CHARGE Meter Size 5/8" $5.40 $5.64 $5.90 3/4" 5.40 5.64 5.90 1" 11.80 12.33 12.89 1 -1/2" 24.70 25.81 26.97 2" 49.30 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 $0.32 $0.33 $0.35 Pressurized 0.41 0.43 0.45 Pressurized and Distributed 0.81 0.85 0.88 ill Adopted by Resolution 2008 224. [-2 11 Rates to become effective with the first full billing cycle for service rendered on and after October 1st of each fiscal year indicated. 17C'trl PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A - FEES, RATES AND CHARGES SCHEDULE4 3 - METER TAPPING CHARGES AND CROSS CONNECTION CONTROL DEVICE CHARGES Page 1 of 1 Meter Installation Charles (Tapping Fees) 1. Meter Installation Charges to be paid to the District shall be as follows: Meter size meter tapping charges: Summary of Meter Tapping Charges With Service Line Installation Charge (1) Meter Size Effective October 1, 2008 Effective October 1, 2010 3/4 inch $779.00 $779.00 1 inch 11/2 inch 2 inch $827.00 $940.00 $1,213.00 $827.00 $940.00 $1,213.00 Summary of Meter Tapping Charges Without Service Line Installation Charge (1) Meter Size Effective October 1, 2008 Effective October 1, 2010 31 inch $257.00 $257.00 1 inch $270.00 $270.00 11/2 inch $347.00 $347.00 2 inch $410.00 $410.00 Cross Connection Control Device Charges (Formerly known as Backflow Device) 2. Cross Connection Control Device Charges to be paid to the District shall be as follows: Reduced Pressure Zone Device Charges Meter Size Effective October 1, 2008 Effective October 1, 2010 3/4 inch $247.00 $247.00 1 inch $270.00 $270.00 11/2 inch $375.00 $375.00 2 inch $433.00 $433.00 (1) Typical costs where the District performs all work. Actual invoice costs will be charged for work performed by subcontractors. 17C � PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A - FEES, RATES AND CHARGES SCHEDULE 9 4 - EQUIPMENT, LABOR AND ADMINISTRATIVE CHARGES Page 1 of 1 DESCRIPTION (1) Equipment (Per Hour Rates): Summary of Equipment, Labor and Administrative Charges Effective October 1, 2008 Effective October 1, 2010 Rehab & Electrician's Truck $77.00 $77.00 Crew Truck $51.00 $51.00 Vactor Truck $207.00 $207.00 Camera Truck $155.00 $155.00 Boom Truck $103.00 $103.00 20 Yard Dump Truck $72.00 $72.00 10 Yard Dump Truck $41.00 $41.00 Pumper Truck $207.00 $207.00 Track Hoe (Big or Small) $51.00 $51.00 Back Hoe $67.00 $67.00 Olympian Generators $62.00 $62.00 Dewatering System $41.00 $41.00 4" Trash Pump $10.00 $10.00 Mud Hog $15.00 $15.00 Trailer $46.00 $46.00 Signs, Barricades and/or Traffic Board $103.00 $103.00 Road Saw and/or compactor $15.00 $15.00 Miscellaneous Small Equipment $5.00 $5.00 Soft Dig Truck N/A $100.00 Portable Lights N/A $25.00 Bucket Truck N/A $125.00 Pickup Truck N/A $40.00 (2) Labor (Per Hour Rates): Utility Technician $31.00 $27.00 Supervisor $41.00 $34.00 Crew Leader N/A $29.00 Senior Crew Leader N/A $30.00 Maintenance Specialist N/A $28.00 Safety Coordinator N/A $38.00 SCADA Operator N/A $30.00 GIS Technician N/A $32.00 Odor Control Specialist N/A $32.00 Parts Manager N/A $30.00 Parts Clerk N/A $26.00 Equipment Operator N/A $26.00 (3) Administration (Per incident) 4 Parts (5) Sub - contractors (6) Rieht of Way Permits (7) Laboratory Tests (Per test) 15% or $300; whichever is smaller Actual Cost Actual Cost 15% or $300; whichever is smaller Actual Invoice Cost Actual Invoice Cost Actual Cost $25.00 17C ' N PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A - FEES, RATES AND CHARGES SCHEDULE 6 5 - MISCELLANEOUS CHARGES Page 1 of 1 Removal of Landscaping to Aaccess Mmeter and cross connection control device $80.00 $80.00 Septage Processing Charge/1,000 gallons $35.00 $35.00 Grease Trap Waste Charge/1,000 gallons $45.00 $45.00 "" Consumption charges to be based on meter size, calculated by time connected, or average consumption, or 100,000 gallons Summary of Miscellaneous Charges DESCRIPTION Effective October 1, 2010 Effective October 1, 2011 New Accounts- including Property Change of Ownership $28.00 $28.00 Turn Off -Turn On at Owner's Request $50.00 $50.00 Meter Re -Read (if different - charge is $0) $50.00 $50.00 Meter Data Log Analysis $50.00 $50.00 Meter Test Onsite Test (more than 3% error - charge is $0) $140.00 $140.00 Offsite Bench Test (more than 3% error - charge is $0) $250.00 $250.00 Meter Lock $55.00 $55.00 Meter Unlock, 2nd and Subsequent Events $55.00 $55.00 Meter Unlock after normal busines hours $100.00 $100.00 Meter Pull $110.00 $110.00 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 connection Actual time and material Actual time and material cost, cost, plus average plus consumption * *, plus a consumption, plus a $300.00 $300.00 fine Convenience Fee - Credit Card $0.00 $0.00 Temporary Meter Deposit $1,000.00 $1,000.00 Duplicate Bill Processing Fee $2.00 $2.00 Non - Sufficient Funds (NSF) Processing Charge per Actual Bank Charge per Actual Bank Charge assessed plus Admin fee of assessed plus Admin fee of 5% 5% of the amount or $100, of the amount or $100, whichever is smaller whichever is smaller Cost of Processing for Refunds and Final Bills 1$ 0.00 Late Payment Penalty 5% of unpaid balance 5% of unpaid balance Vehicle Parked Over Meter Charge $60.00 $60.00 Removal of Landscaping to Aaccess Mmeter and cross connection control device $80.00 $80.00 Septage Processing Charge/1,000 gallons $35.00 $35.00 Grease Trap Waste Charge/1,000 gallons $45.00 $45.00 "" Consumption charges to be based on meter size, calculated by time connected, or average consumption, or 100,000 gallons 17C PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A - FEES, RATES AND CHARGES SCHEDULE 6 5 - MISCELLANEOUS CHARGES Page 1 of 1 Removal of Landscaping to Aaccess Mmeter and cross connection control device $80.00 $80.00 Septage Processing Charge/1,000 gallons $35.00 $35.00 Grease Trap Waste Charge/1,000 gallons $45.00 $45.00 - Consumption charges to be based on meter size, calculated by time connected, or average consumption, or 100,000 gallons Summary of Miscellaneous Charges DESCRIPTION Effective October 1, 2010 Effective October 1, 2011 $300.00 fine Convenience Fee - Credit Card $0.00 New Accounts - including Property Change of Ownership $28.00 $28.00 Turn Off -Turn On at Owner's Request $50.00 $50.00 Meter Re -Read (if different - charge is $0) $50.00 $50.00 Meter Data Log Analysis $50.00 $50.00 Meter Test: 5% of the amount or $100, Onsite Test (more than 3% error - charge is $0) $140.00 $140.00 Offsite Bench Test (more than 3% error - charge is $0) $250.00 $250.00 Meter Lock $55.00 $55.00 Meter Unlock, 2nd and Subsequent Events $55.00 $55.00 Meter Unlock after normal busines hours $100.00 $100.00 Meter Pull $110.00 $110.00 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 connection Actual time and material Actual time and material cost, Removal of Landscaping to Aaccess Mmeter and cross connection control device $80.00 $80.00 Septage Processing Charge/1,000 gallons $35.00 $35.00 Grease Trap Waste Charge/1,000 gallons $45.00 $45.00 - Consumption charges to be based on meter size, calculated by time connected, or average consumption, or 100,000 gallons cost, plus average plus consumption * *, plus a consumption, plus a $300.00 $300.00 fine Convenience Fee - Credit Card $0.00 $0.00 Temporary Meter Deposit $1,000.00 $1,000.00 Duplicate Bill Processing Fee $2.00 $2.00 Non - Sufficient Funds (NSF) Processing Charge per Actual Bank Charge per Actual Bank Charge assessed plus Admin fee of assessed plus Admin fee of 5% 5% of the amount or $100, of the amount or $100, whichever is smaller whichever is smaller Cost of Processing for Refunds and Final Bills $10.00 Late Payment Penalty 5% of unpaid balance 5% of unpaid balance Vehicle Parked Over Meter Charge $60.00 $60.00 Removal of Landscaping to Aaccess Mmeter and cross connection control device $80.00 $80.00 Septage Processing Charge/1,000 gallons $35.00 $35.00 Grease Trap Waste Charge/1,000 gallons $45.00 $45.00 - Consumption charges to be based on meter size, calculated by time connected, or average consumption, or 100,000 gallons 17C 0 WI., a AFPI Fee Sebedo'e Pef- ERG Water Psymen Gulpodor AzeeF MOR& M4"" 2"4-M 2m 2w isaffary SM8.80 S674.44 $760.96 $856.08 $856.08 $856.08 $856.08 February 53i.77 687.41 856.08 856.08 856.08 Alareh 944.74 642.06 784.74 856.08 856.08 99609 856.08 AP41 597.7i 653.95 796.63 856.08 856.08 may 570.68 665.84 808.52 856.08 856.08 856.08 June 583.69 677.73 820.41 856.08 856.08 856.08 896.08 July 596.62 689.62 83130 856.08 856.08 856.08 856.08 Angus 609.59 701 M 944 49 856-08 856.08 856-08 856.08 septembe 622.56 743 40 856.08 856.08 856.08 W;6 OR 94609 Oetebe 635.53 725.29 856.08 856.08 856.08 856.08 856.08 Novembe 601 CIO 737.18 856.08 856.08 856.08 856.08 856.08 Deeemb" 661-.4-7 U9-.p 856.08 S56-.W 856.09 856.-N 956-M AFMFeeSehedu'ePer-ERC Wast-m-later-hystem- psymen Ge'ender AzeaF am 2"3 aw aw 20" hnm� $421.60 6548.08 $581.76 $654.48 S654.48 $694.48 $654.48 Febr-eaFy 43244 558.62 590.85 644 48 654.48 654.48 654.48 AISFeb 442.68 490.86 599.94 654.48 6r%4 49 654.48 654.48 APFR 493.22 4900-4 609.03 654.48 fir%4 49 654.48 654.48 463.76 509.04 64942 654.48 654.48 654.48 6M 4A ju" 474jo 518.13 627.21 654.48 654.48 61W 49 694.48 J*IY 484.84 527.22 636.30 654.48 6M 49 654.48 654.48 Augus 495.38 5.36.j! 645.39 654.48 644 49 654.48 654.48 septembe 505.92 Mr% do 654.48 654.48 6r%4 49 654.48 654.48 Oetebe 516-46 554.49 6r44 49 654.48 654.48 654-48 654.48 Nffembe 92700 563.58 654.48 654.48 654.48 654.48 654.48 Deeemb" 537-.54 572.47 654-.48 61".48 654AS 654AS 654AS 17 C 'wl UBCS CUSTOMER ACCOUNT ADJUSTMENT PROCEDURES PROCEDURES FOR EVALUATING AND APPLYING ADJUSTMENTS TO COLLIER COUNTY WATER -SEWER DISTRICT CUSTOMER ACCOUNTS COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE - Ordinance No. 2013 -XX SECTION 1. 3District Rates, Fees and Charges other than Monthly User Fees. G. Adjustments 1. Any debit or credit adjustments for any District service can only be made as the result of a documented and approved procedure. For- ex"Ie- The pfeeedur-e for- adjusting eustemef unexplained less ef metered water- was "pFeved ift updated fefm oft Janttafy approved by the Publie Utilities Division- Add-min-is;t-r-ater- er- designee before p . - 2. Debit and/or credit adjustments for District errors and omissions should be applied to the account or refunded, if appropriate, and are subject to appropriate review and authorization. The unexplained loss of metered water procedure approved by the Board of County Commissioners on January 3, 2001 has been updated from time to time to incorporate the evaluation of previously unidentified water loss situations. These changes have been approved by the Public Utilities Division Administrator or his designee, and the County Attorney's Office, and are included in the current version of this procedure at APPENDIX A. The documented and approved procedure for debit and /or credit adjustments for unforeseen situations (other than metered water loss), and District errors and omissions is included as APPENDIX B. This version of the procedures was approved by the Board of Collier County Commissioners at their meeting on February 26, 2013 March 11, 2013 Page 1 of 8 17C k UBCS CUSTOMER ACCOUNT ADJUSTMENT PROCEDURES APPENDIX A COLLIER COUNTY WATER -SEWER DISTRICT PROCEDURE FOR ADJUSTMENT OF CUSTOMER ACCOUNTS FOR EMERGENCY SITUATIONS INVOLVING LOSS OF METERED WATER PURPOSE The purpose of this Collier County Water -Sewer District ( CCWSD) procedure is to provide a credit adjustment to the water, LQ and/or sewer account of a customer who has experienced an emergency situation involving the loss of metered water. The excess water metered will have occurred as a result of conditions beyond normal and reasonable control of the customer or other parties responsible for the use, care and maintenance of fixtures and devices that are a part of the customer's water service system. CONDITIONS It is the customer's responsibility to promptly discover and stop the loss of water on the customer's side of the meter. In addition, the customer is responsible for making arrangements to repair or have repaired the fixture or device causing the water loss. There is no obligation for the CCWSD to adjust accounts when the water has been metered properly. It is the CCWSD's desire to encourage customers to make prompt and permanent repairs and to show consideration for the unusual circumstance by sharing the cost of the billing charges resulting from the stated conditions. Where the loss is believed to have been taken without the permission of the customer, however, it is the customer's responsibility to report to the local law enforcement office. CUSTOMER RESPONSIBILITY 1. The customer must provide information describing the emergency situation or circumstances that resulted in the loss of water within 30 days of the disputed utility bill invoice date. The information required includes the date the problem was discovered, what action was taken to stop the loss of water, and the arrangements made for repairs. 2. The customer must provide a copy of the plumber's bill or receipts for materials purchased if the customer made the repair him/herself, or a copy of the law enforcement office theft report. These documents are needed to support the condition that the repair is a quality job of a permanent nature. ADJUSTMENT PROCEDURE 1. Within 30 days of receipt of the customer's plumber's bill, or receipts for materials purchased, or confirmation on the field work order of a leak on the customer side together with written confirmation from the customer that the leak has been repaired, a customer service representative will complete an evaluation of the circumstances surrounding the March 11, 2013 Page 2 of 8 17C UBCS CUSTOMER ACCOUNT ADJUSTMENT PROCEDURES water loss. Where the customer submits a law enforcement office theft report only a sewer adjustment will be considered. 2. The customer service supervisor will review the evaluation and determine whether an adjustment is appropriate. If an adjustment is approved then the customer service supervisor will request the accounting team to provide the adjustment calculation. 3. Upon completion, the calculation will be passed for review and approval before it is forwarded to the billing team for application of the adjustment to the customer account. Explanatory notes will be included on the next bill, or a letter explaining the adjustment will be forwarded to the customer. 4. Using the following guidelines, the accounting team will calculate the adjustment. Where the water has not returned to the sewer system The adjustment shall be: 1. 50% of the amount in excess of the previous twelve (12) months average billings for water volume charges for the first bill involving the loss of metered water and 2. 100% of the amount in excess of the previous twelve (12) months average billings for wastewater volume charges, for the first bill involving the loss of metered water and other bills that can be attributed to the leak, for the following conditions or similar situations: • Burst pipes or underground leaks • Irrigation system leaks • Faulty water heaters or pressure reducing valves, and • Faulty pool auto fill devices and pool leaks Where the loss is for IQ water only, , t�justment will be: 1. 50% of the amount in excess of the previous twelve (12) months average billings for IQ water volume charges for the first bill involving the loss of metered IQ water Where a property owner accidently leaves a hose running, or has a similar incident that is not the consequence of a leak or fault, or as a result of a reported theft of water, 100% of any sewer charges over the previous 12 months average billings will be credited. Where the previous 12 months includes one or more months of higher disputed consumption, this should not be included in the average calculation as this would unfairly distort the average. In this situation include months beyond the twelfth month to offset the high consumption months. In no instance will the total credit adjustment of 50% of the amount in excess of average _billings for water volume charge exceed $250.00. Where new sod has been laid or new landscaping planted, and we have invoiced confirmation of the purchase, 100% of the amount in excess of the previous twelve (12) months average billings March 11, 2013 Page 3 of 8 17C w UBCS CUSTOMER ACCOUNT ADJUSTMENT PROCEDURES for wastewater volume charges, can be credited for each consecutive month of the additional watering, for a period of 30 days from the planting. NOTE: The maximum wastewater volumetric charge for individually metered residential property shall be 15,000 gallons per month. Where the water has returned to the sewers sY tem: The adjustment, for the first bill involving the loss of metered water, shall be: 1. 50% of the amount in excess of the previous twelve (12) months average billings for water volume charges and 2. 50% of the amount in excess of the previous twelve (12) months average billings for waste water volume charges will apply The above shall apply for the following conditions or similar situations: • leaky toilet • running faucet • or other internal plumbing fixture When twelve month average not available If a full twelve (12) month average is not available, because we do not have 12 reads, —ref eaeh men-*'- ..,h °r° ;.*e have, " e-a , the average shall be established as follows: Residential, individually metered - no credit shall be applied until a minimum three month average has been accumulated through normal usage. Where more than three months of normal usage are available but less than twelve all applied monthly consumption shall be used to determine the average. ton thAIIS—Aa-d -&-ve blindfod (10,500) gallons, Founded dev'% to 10, defined as one (1) Equivalent Residential Conneetien (ERG) (equal to 350 galleas per- day) pef hetiseheld tifnes thifty (30)-, .,,1.:eh :s the number- of days in a .,1 billing ...lo Residential, master metered — the adjustment will depend on where the water loss occurred. Wherever the loss point is identified the adjustment will be based on the number of units on the loss side. Generally the square footage of a unit should be available from the Property Appraiser, HOA, or Property Management Company. Number of Units (see table below) X ERC rate X 350 gallons X 30 (rounded down) Unit sizes . ft. ERC rate 0 to 750 0.33 751 to 1,500 0.67 1,501 or more 1.0 March 11, 2013 Page 4 of 8 17C d UBCS CUSTOMER ACCOUNT ADJUSTMENT PROCEDURES Commercial - the adjustment will depend on where the water loss occurred. Wherever the loss point is identified the adjustment will be based on the square foot of office or retail space affected on the loss side. Generally the square footage should be available from the Property Appraiser, Engineer of Record, or Property Management Company. Offices: Number of square feet X 0.15 gallons X 30 (rounded down) Retail: Number of square feet X 0.1 gallons X 30 (rounded down) GENERAL INSTRUCTIONS A. No water adjustment shall be made for any period beyond the initial billing period in which the excessive consumption was identified. Not more than one (1) adjustment for an excessive water bill caused by the same condition shall be made within a period of one (1) year per customer. B. All adjustments for water loss will be calculated at Block 1 rates for the applicable meter size beyond which the loss occurred. C. Calculation of any adjustment will be made by the accounting team on a form provided and shall include a complete and adequate description of the problem and justification for the adjustment. A copy of the adjustment D. The review and approval of all adjustments will be in accordance with the table of authorities included at APPENDIX C E. Once the adjustment has been made to the customer's account, the customer will be notified by a customer service representative via telephone and the adjustment with explanatory notes will be included on the next utility bill. IMPLEMENTATION The Public Utilities Administrator, or his or her designee, shall be responsible for implementation and interpretation of this procedure and is authorized to exercise the applicability of this procedure in the various circumstances involving abnormal water usage or loss, in accordance with the Collier County, Uniform Billing, Operating, and Regulatory Standards Ordinance 2013 -XX, Section 1.3.G, as may be amended from time to time. March 11, 2013 Page 5 of 8 17C UBCS CUSTOMER ACCOUNT ADJUSTMENT PROCEDURES EXHIBIT B COLLIER COUNTY WATER -SEWER DISTRICT PROCEDURE FOR DEBIT OR CREDIT ADJUSTMENT OF CUSTOMER ACCOUNTS FOR UNFORSEEN SITUATIONS, ERRORS AND OMISSIONS PURPOSE The purpose of this Collier County Water -Sewer District (CCWSD) procedure is to provide a debit or credit adjustment to the water and /or sewer account of a customer where an unforeseen situation has arisen or an error or omission by CCWSD has been identified. The situation will likely have occurred as a result of meters or devices that are part of a customer's water service system being incorrectly installed or not assigned to the customer account, the provided service being incorrectly identified on the account, or the incorrect rate code being applied to the account. CONDITIONS Situations may arise whereby CCWSD services have been provided to a property without appropriate charges and fees being applied to the customer account. Furthermore these services may have been provided to the property through one or more changes of ownership of the property. It is the customer's responsibility to promptly discover services that are being received but not being billed. There is no obligation for the CCWSD to adjust accounts when the water and/or sewer services have been metered and charged properly. Also, fixtures or devices may have been installed incorrectly or have malfunctioned. It is the CCWSD's desire to make prompt reimbursement for the unusual circumstance by fair apportionment of the cost of the billing charges resulting from the stated conditions. Similarly it is the CCWSD's responsibility to recover costs for services that have been provided but not correctly billed. The Water -Sewer District is self - supporting through the customer fees received monthly for the services provided. By virtue of the Special Act that created the District, Section 17 states: Free water and sewer services prohibited. - No free water or sewer service shall be rendered by the District and no discrimination shall exist in the fees, rates, and charges for users of the same class. Under the Florida Statute of Limitations, we have an obligation to all customers of the Water - Sewer District to recover all back charges owed for up to four years. March 11, 2013 Page 6 of 8 17C a UBCS CUSTOMER ACCOUNT ADJUSTMENT PROCEDURES CUSTOMER RESPONSIBILITY 1. Should a customer discover that an unforeseen situation, error or omission has occurred affecting their account, it is the customer's responsibility to contact Customer Service to report the matter as soon as practicable. ADJUSTMENT PROCEDURE 1. Upon discovery by CCWSD staff or notification of the situation, error or omission a customer service representative or billing team member will evaluate the circumstances and prepare an initial adjustment proposal. 2. The representative's supervisor will review the adjustment proposal. The supervisor will send any adjustment proposals to their manager for review, as appropriate. [See authority levels below] 3. The approved adjustment proposal will be passed to the accounting team for calculation. 4. Using the following guidelines, the accounting team member will calculate the adjustment. GENERAL INSTRUCTIONS A. Any debit or credit adjustment will reflect a fair assessment of any services not received or services used where inadequate notification or awareness was afforded to the customer. B. Calculation of any adjustment will be made by the accounting team on a form provided and shall include a complete and adequate description of the problem and justification for the adjustment. C. Calculation of any adjustment will be made by the accounting team on a form provided and shall include a complete and adequate description of the problem and justification for the adjustment. A copy of the adjustment D. The review and approval of all adjustments will be in accordance with the table of authorities included at APPENDIX C E. Once the adjustment has been made to the customer's account, the customer will be notified by a customer service representative via telephone and the adjustment with explanatory notes will be included on the next utility bill. IMPLEMENTATION The Public Utilities Administrator, or his or her designee, shall be responsible for implementation and interpretation of this procedure and is authorized to exercise the applicability of this procedure in the various circumstances involving abnormal water usage or loss, in accordance with the Collier County, Uniform Billing, Operating, and Regulatory Standards Ordinance 2013 -XX, Section 1.3.G, as may be amended from time to time. March 11, 2013 Page 7 of 8 a d w 0 H 1 v i O U b i o O O O O O O O o 0 0 0 O O O O O O O O O O O O O O O O O O O O O O C CQ V7 O V) kn tI'� y ... 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BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2013 -44 which was adopted by the Board of County Commissioners on the 11th day of June, 2013, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of June, 2013. DWIGHT E. BROCK Clerk of Courts �_'a'nd:,.,Clerk'�" Ex- officio to Boa r of: r County Commissionit4rs -; 3e" ea r. SI y By: Teresa Cannon, Deputy Clerk 17C Teresa L. Cannon From: Teresa L. Cannon Sent: Wednesday, October 23, 2013 9:43 AM To: 'liz.cloud @dos.myflorida.com' Subject: Collier County Ordinance 2013-44 Ms. Cloud, This is a heads up, our County Attorney's office has sent you a revision to Validated Ordinance 2013-44 approved on June it; 2013. Some additional backup was attached to the ordinance and our office was not told to remove it before sendin it to the State.They have mailed it since it was approved before the new procedure of emailing went into effect. Any questions please feel free to contact me.Thank you Teresa L. Cannon, BMR Senior Clerk Minutes and Records bepartment 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 ,. s . ' O 1 7 c ffice of the County Attorney f _ , „K a�. Jeffrey A. Klatzkow Deputy County Attorney•Scott R.Teach Managing Assistant County Attorney•Heidi F.Ashton-Cicko* •Board Certified City,County and Local Government Law Assistant County Attorneys•Jennifer A.Belpedio Colleen M.Greene Kevin L.Noell Emily R.Pepin Scott A.Stone October 23, 2013 Ms. Liz Cloud Department of State Bureau of Administrative Code RA Gray Bldg., Rm. 101 500 S. Bronough Street Tallahassee, Florida 32399 -0250 Re: Ordinance No. 2013-44, adopted on June 11, 2013 Dear Ms. Cloud: Enclosed please find copies of the above-referenced Ordinance and its transmittal letter to your office from the Clerk of Courts. The Ordinance as transmitted includes an eight-page attachment entitled "UBCS CUSTOMER ACCOUNT ADJUSTMENT PROCEDURES." This document was intended as back-up information only for our Board of County Commissioners; however, it was inadvertently attached to the Ordinance prior to it being submitted to the Clerk of Courts for attestation. To ensure that the correct version of this Ordinance is on file with the Department of State, I have also enclosed is a copy of Ordinance No. 2013-44 with the proper attachments. Please do not hesitate to contact our Office should you have any questions. Sincerely, ce•if )2 1044, L_ Scott R. Teach Deputy County Attorney 04-COA-01081/758 3299 East Tamiami Trail,Suite 800 • Naples Florida 34112-5749 • (239)252-8400 • FAX:(239)252-6300 1N[N S fi0 xsi AL6g, 17 C r tit,,. FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State October 28, 2013 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara, Deputy Clerk I::)ear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your corrected certified copy of Collier County Ordinance No. 2013-44, which was received in this office on October 28, 2013. Sincerely, Liz Cloud Program Administrator LC/elr Enclosure R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us Ootiiity of collier 1 7 C 4 CLERK OF THE CIR WIT COURT Dwight E. Brock COLLIER COUI ,'Y CO THOUSE Clerk of Courts Clerk of Courts 3315 TAMIAMI TRL E STE 102k \P.O.BOX 413044 Accountant NAPLES,FLORIDA , NAPLES,FLORIDA Auditor 34112-5324 34101-3044 Custodian of County Funds June 13, 2013 Ms. Liz Cloud EC 0?V Department of State Bureau of Administrative Code RA Gray Bldg., Rm.101 500 S. Bronough Street Tallahassee, Florida 32399-0250 Re: Ordinance Numbers: 2013-44 Dear Ms. Cloud: Transmitted herewith, is a certified copy and a regular copy of the above referenced ordinance, adopted by the Board of County Commissioners of Collier County, Florida, Tuesday, June 11, 2013 during Regular Session. Please date stamp the regular copy of this document and return the same to this office for our Ordinance Book. Thank you. Very truly yours, DWIGHT E. BROCK, CLERK Teresa Cannon, Deputy Clerk Enclosure Phone-(239)252-2646 Fax-(239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk @collierclerk.com 17C FILED #43 . ^^UN T Y P ,IWR COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, 2013 JUN 24 AM{a�JERATING AND REGULATORY STANDARDS ORDINANCE CLER OF COURTS ORDINANCE NO. 2013 - 44 AN ORDINANCE AMENDING ORDINANCE NO. 2001-73, AS R Y A IiIiNDED, KNOWN AS THE COLLIER COUNTY WATER- SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE, BY AMENDING: SECTION ONE, DISTRICT RATES, FEES, CHARGES AND REGULATIONS; SECTION TWO, SUBMETERING; SECTION THREE, CITY OF NAPLES SERVICE AREA; SECTION FOUR,., APPENDICES FOR RATES, FEES AND CHARGES; SECTION= FIVE, PENALTIES; AND SECTION SIX, CONFIDENTIALITY'-, ca" PROVIDING FOR CONFLICT AND SEVERABILIT PROVIDING FOR INCLUSION INTO THE COLLIER COUNTY;F — : CODE OF LAWS AND ORDINANCES; AND PROVIDING Ai•11 EFFECTIVE DATE = �" M r— WHEREAS, the original Collier County Water-Sewer District, also known ' e Cc—aunty Water-Sewer District of Collier County(District), was approved on November 4, 1969, by voters of Collier County in accordance with the requirements of Chapter 153, Part II, Florida Statutes; and WHEREAS, the Board of County Commissioners of Collier County, Florida, (Board) is the Ex-officio governing Board of the District; and WHEREAS, in 2001, the Board enacted Collier County Ordinance No. 2001-73 to create a more simplified and efficient mechanism for water and sewer utility systems and for readers to more easily understand these regulations, which are applicable to the District's water, wastewater, and non-potable services; and WHEREAS, the Board subsequently amended Ordinance No. 2001-73 through its adoption of Ordinance No. 2006-27; and Words Underlined are added;Words Struck-Through are deleted. Page 1 of 29 17C WHEREAS, the Board desires to further amend Ordinance No. 2001-73, as amended, in order to clarify existing processes, reflect administrative changes, and provide for codification of existing County ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT,that: SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 2001-73, AS AMENDED. Section One is hereby amended as follows: SECTION ONE. District Rates, Fees, Charges and Regulations 1.1 Definitions. Unless specifically provided otherwise these definitions shall apply to this Section. A. "District" shall refer to the Collier County Water-Sewer District;: B. "Equivalent Dwelling Unit" shall mean the equivalent usage requirements of an average or typical individually metered single-family residential connection. It is used as a factor to convert a given average daily water or sewer weer requirement to the equivalent number of single-family residential connections. • .. . " - - - - . . C. Irrigation Quality (IQ) Water shall mean alternative water resources other than potable, available to the District and shall include: (a) reclaimed water - wastewater that has Words Underlined are added;Words Stma-Through are deleted. Page 2 of 29 17C received the treatment established as currently defined by Florida Administrative Code, Rule 62- 610.460, as wastewater that meets, at a minimum, secondary treatment and high-level disinfection prior to entering holding ponds or the IQ Water System; (b) Supplemental Water Supplies such as ground or surface water: or(c)Anv combination thereof. IO Water may also be referred to as reuse water,effluent water or reclaimed water. D. "Service Base Charge" shall mean a monthly charge per dwelling unit or equivalent dwelling unit connection for residential and non-residential accounts with no usage included. The Service Base Charge includes components for administration billing, and meter size related system maintenance costs. F—E. "Sewer Use" shall be defined as the connection of drains for all faucets and facilities on the property, where potable water is used in connection with sanitary purposes from the potable water system. Such usages shall include, but not be limited to, sinks, showers, bathtubs, commodes, urinals, bidets, dishwashers, washers, and other such facilities. "Sewer Use" shall specifically not include runoff water being allowed to enter the District Sanitary Sewer System. fi F. "Sewer only use" shall be defined as the connection of drains for all faucets and facilities on the property where well water or potable water from a non-District water supply or where no water (leachate) is used, in conformance with other Ordinances adopted by Collier County, or applicable State and Federal laws, rules or regulations. 14 G. "Potable Water Use" ' = - - • - -• - - - - =--, shall mean the sole utilization of notable water from the District system through all fixtures and pipelines on the property except where a separately metered system is available solely for outside irrigation. Any such irrigation shall require an approved cross connection control bac ewe-prevention device and a physical separation from the remaining potable water system. "Water Use" shall specifically include, but not be limited to, the flow of water to all sinks, dishwashers, commodes, urinals, showers, hot water heaters, washers, drinking water coolers and drinking water machines. Such facilities shall also drain to the District's sanitary sewer system, where available, in conformance with other applicable sections of this Ordinance as well as other Ordinances adopted by Collier County, or applicable State and Federal laws, rules or regulations. Words Underlined are added;Words Struek-Through are deleted. Page 3 of 29 17C 1.2. Monthly Rates, Fees and Charges. Monthly rates, fees and charges for water, sewer, or e€fflueet4ffigation IQ water, and fire meter services (referred to as "utility service") provided by or made available by the District shall be sufficient to recover system operation, maintenance, renewal, enhancement, and replacement,-aid debt service and any other costs or requirements of the District Bests and shall be proportionally distributed among system users and customers receiving the benefits as follows: A. Monthly user fees for the Collier County Water-Sewer District Residential and non-residential properties within the respective water and sewer utility service boundaries of the District shall pay the rates, fees and charges for service provided by the District in accordance with Appendix A—Schedule 1. • . . G B. Monthly rates, l4sef Fees and charges for IQ water service in the District service area shall be in accordance with Appendix A—Schedule 3 2. 14 C. Accounts and Bill Delivery Addresses 1. Accounts shall be established in the name of the property owner as shown on the Property Appraiser's database or public records, such as may be recorded by the County Clerk of Courts. 2. Monthly bills for utility service will be sent to the property owner at the address requested in the service application. Words Underlined are added;Words Struck Threes are deleted. Page 4 of 29 17C 3. Changes of address for billing purposes must be approved in writing and duly signed by the property owner. Approval can be by Ietter, District change of address form, fax or by e-mail scanned attachment. 4. Duplicate bills may be requested in writing and duly signed by the property owner by letter, fax . • -. - . . _ . _ . .or by e-mail scanned attachment. 5. A duplicate bill processing fee (Appendix A - Schedule 6 5) will be plaeed charged to each account for each specific request of a duplicate bill on the aeeeent-for utility service billing purposes. Duplicate bills are limited to one per account. B D. Methods of Payment 1. Cash, check, direct debit and/or credit card (when available), and electronic transfer are available methods to pay monthly utility service bills rendered by the District to the property owner. 2. Cash, check and credit card payments may be made at the District billing office address, as printed on the utility bill. 3. Check payments can be made through the U_ S Mail to the lockbox facility using in the envelope provided with the monthly water bill_te e-P-D-Bex. 4. Credit card payments (when available) can be made via the internet and telephone ieally. Automatic Credit Card Payments may be set up via the internet. 5. Direct dew Automatic Bank Payments,payaleats are available. lees - _ =- ` =.• • . . . Automatic Bank Payments may be approved by the District only after the satisfactory completion of an Automatic Bank Payment form. 6. Non-Sufficient Funds(NSF) checks returned by the District bank or banks as uncollectible will not be reprocessed for payment by the District. The amount of the NSF check plus i) the an appropriate NSF charge (Appendix A- Schedule 6 ) and ii where applicable, any other rates, fees and charges, will be plaeed en billed to the account,. for Words Underlined are added;Words rough are deleted. Page 5 of 29 PC 1.3 District Rates, Fees and Charges other than Monthly User Fees. A. Meter installation charges for meters and for baek-ftew cross connection control devices two al inches or smaller in size are to be paid to the District in accordance with Appendix A—Schedule-4 3. 1. All meters and cross connection control devices two a) inches (V) or smaller will be installed by the District and shall remain the property of the District. 2. For meters and cross connection control devices larger than two (2) inches,the materials and labor for installation of such meters shall be furnished by the developer property owner or duly authorized individuals in accordance with District requirements and specifications and dedicated to the District in accordance with County ordinances, at no cost to the District. 3. Meters and cross connection control devices must be left accessible to District employees at all times in conformance with all Ordinances adopted by Collier County. and applicable State and Federal laws, rules or regulations. District-employees: 4.a. When any property owner;who-has-a with an existing water meter;makes application to the District for the installation of a larger meter to replace a smaller meter, and such installation is approved, by the District, the following charges shall apply(in accordance with Appendix A, Schedule 3): a meter installation feet a cross connection control device charge. and if required, a tapping fee for the larger—meter—is—required—and—connection of the property to the District water facilities. nNo credit shall be given fora tapping charges previously paid en-12y the property owner with respect to the smaller meter and service. A meter upsize application form must be completed, signed. and submitted by the property owner prior to the installation of any larger meter or applicable service line. The District installs meters (2) inches or smaller. The difference in impact fees between the Words Underlined are added;Words Struck-Tlreagh are deleted. Page 6 of 29 17C smaller meter and the larger meter must be paid before a work order will be issued for the installation of the larger meter and if applicable, the time and materials cost to install a larger service line. - . .- : : : : - : . .•- 4. b. When any property owner, with an existing water meter. makes application to the District for the installation of a smaller meter to replace a larger meter, a meter downsize application form must be completed, signed, and submitted by the property owner. Smaller meters will only be considered where the property meets the criteria for the smaller meter size. The District installs meters two (2) inches and smaller. There shall be no refunds or credits of tapping fees or impact fees given to any property owner requesting a smaller meter. 4. c. For installations other than those identified above, installation charges will be based on time,materials and an administrative fee. (Appendix A—Schedule 4). 4. d. When a property owner wishes to change a meter three (3) inches or larger. the property owner shall obtain written approval from the District of such increase in meter sizing before engaging with a licensed contractor to undertake the work in full compliance with provisions of Section 1.4, paragraph N of this Ordinance. B. Temporary Meters. 1. a. Temporary meters two (2) inches or smaller may be installed and removed by the District. The fee for such installation and removal shall be based upon the District's actual costs for time, equipment and material, as appropriate, in accordance with Appendix A—Schedule 3 4. 1. b. Temporary meters larger than two (2) inches may be installed and removed by contractors, in full compliance with provisions of Section 1.4, paragraph N. of this Ordinance. 1.c. Mobile temporary meters may also be used. Meter readings for all mobile temporary meters must be supplied to the District on a monthly basis, as agreed at the time of application, or be subject to removal and additional charges. Words Underlined are added;Words Strucik-Threugh are deleted. Page 7 of 29 17C 2. The temporary and mobile temporary meter monthly charge for service shall be based upon the non residential commercial monthly availability base and volume charges in accordance with A_pnendix A—Schedule 1. -4-3. A refundable temporary meter deposit (Appendix A— Schedule 6 5) must shall be paid by the applicant concurrently with the Temporary Meter Application, except for temporary meters in association with District capital projects (projects supervised by District staff). The deposit may be used to offset any costs for repair and/or replacement to District assets owned temporary meters. If damages and repair costs are greater than the deposit, the applicant will be invoiced for the remainder of the difference. The deposit may also be used to offset outstanding account balances to the extent service provided through the temporary meter is requested to be terminated by the applicant or at the request of the District. 4. The District will be responsible for the installation of any temporary meter two (2) inches or smaller, other than a mobile temporary meter. A work order for the installation of a temporary meter two (2) inches or smaller, will be issued by the District only upon receipt of an executed Temporary Meter Application. C. District Other rates, fees, and charges ether- , charges established by this-section the District include but are not limited to the services listed below. The actual charge rate for the service is in accordance with Appendix A—Schedule 6 5. 1. New Accounts—Property Change of Ownership 3 2. Meter Re-read or Data Log -4- 3. Meter Test 5 4. Meter Lock 6 5. Meter Unlock After Hours Words Underlined are added;Words Struck Through are deleted. Page 8 of 29 17C 7 6. Meter Removal 8 7. Illegal Connection 9 8. Credit Card Convenience Fee idling-Charge -10 9. Temporary Meter Deposit 4-1-10. Duplicate Bill Processing Fee -1-2 11. Non-Sufficient Funds(NSF)Processing Charge 4312. Late Payment Charge Penalty 13. Vehicle Parked Over Meter Charge 14. Removal of Landscape (to access meter box and cross connection control device) D. Late payments for monthly user fees are subject to a late payment charge penalty (Appendix A—Schedule 6 5) on the unpaid balance after the due date on the bill. E. The rates, fees and charges as established in this Section shall be reviewed on an annual basis to ensure adequate revenues for District system operation, maintenance, renewal, replacement, enhancement and debt service costs. F. Reasonable Customer Payment Agreements may be used allowed at the sole discretion of the District for payment of any services provided to the account. All Customer Payment Agreements must provide for the full and timely payment of future future-eensumptien all outstanding amounts due and any additional amounts that may be due to the District as a result of providing continued service to the account. Any default of a Customer Payment Agreement payment by a property owner or a tenant (as approved by the property owner) may result in termination of service and the requirement for all outstanding balances to be paid in full before service is re-connected. G. Adjustments 1. Any debit or credit adjustments for any District service can only be made as the result of a documented and approved procedure. .• Words Underlined are added; Words Keogh are deleted. Page 9 of 29 17C 3 2. Debit and/or credit adjustments for District errors and omissions should be applied to the account or refunded, if appropriate, and are subject to appropriate review and authorization in accordance with the approved table of authorities. H. Refund of Credit Balances/Final Bills 1. Refunds of credit balances for a continuing account shall be processed and forwarded to the County's Finance Department for disbursement on a weekly basis. 2. Refunds of credit balances as a result of final bills shall be processed and forwarded to the County's Finance Department for disbursement on a monthly basis. 3. Refunds of credit balances will be made payable to the individual or entity who made the monthly payment(s) during the period for which the credit balance relates. 3 4. In no event, shall refunds be processed for credit balances which are less than$:AA the cost of processing as set forth in Appendix A—Schedule 5. -4 5. In no event, shall final bills less than X5.00 the cost of processing as set forth in Appendix A—Schedule 5 be processed and mailed. 1.4 District Regulation. A. Application For Service. 1. To obtain service, an application/contract form completed and signed by the property owner, must be made presented at the office(s)of the District, or sent by letter, email attachment or fax. Applications are accepted by the District with the understanding that there is no obligation on the part of the District to render service other than that which is then available from its existing facilities. The District reserves the right to refuse service from its transmission mains or to accept service to its collection system. Words Underlined are added;Words Stfuelk-Through are deleted. Page 10 of 29 17C 2. Utility Service is furnished only upon signed application/contract of the property owner, accepted by the District, and the conditions of such application or agreement are binding upon the property owner as well as the District. A copy of each application or agreement for utility service accepted by the District will be furnished to the property owner. 3. The applicant property owner shall furnish to the District the-eerrect their full name and, street address, and a legal description of the property at which where service is to be rendered with respect to such application €o-serviee. The applicant may furnish contact details such as telephone number and email address and the full street address of the billing address if different from the service address, together with contact details. All system development charges, impact fees, connection and installation fees, new account and any other fees, rates and charges established by the District shall be paid in full at the time of application for service. The applicant shall also furnish the name of any tenant who may occupy the property and any subsequent changes of tenant. 4. Application for service as requested by firms, partnerships, associations, corporations and others (as being the applicant requesting service from the District), shall be tendered only by duly authorized individuals (written evidence of Designated Agent's/Officer's authorization must be provided by the property owner). When service is rendered under agreement or agreements entered into between the District and an agent of the property owner, the use of such service by the property owner shall constitute full and complete ratification by the property owner of the agreement or agreements entered into between agent and the District under which such service is rendered. A tenant of property shall not be construed to be an agent. 5. Where the District's water or sewer main is available to provide service to the property, no Collier County Building Permit may be issued until such time as proper application shall have been made for service and all fees necessary for the rendering of such service shall have been paid to the District. Words Underlined are added; Words Straak—Threugh are deleted. Page 11 of 29 17C 6. The District may withhold or discontinue service rendered under application made by a property owner, or the property owner's agent, unless all prior indebtedness to the District of such property for utility service has been settled in full. Service may be withheld or discontinued for non-payment of bills and/or non-compliance with rules and regulations in connection with the same or any different class of service furnished to the same property owner at the same premises, or for non-payment of any account for service to the property. 7. When ownership of a property is transferred to a new owner, it is the responsibility of the new owner to request an Estoppel from the District at the time of title transfer to identify any outstanding utilities balances against the property, as outstanding balances not paid will be transferred to the new property owner's account. 8. When a tenant who receives a duplicate bill vacates a property the District must be advised by the property owner to ensure that any automatic payment arrangements are stopped. B. Limitation of Use, Continuity of Service 1. Unless authorized by the District, water aeer, sewer, and/or IQ water service purchased from the District shall be used by the consumer only for the purposes specified in the application for service, and the property owner shall not sell or otherwise dispose of such service supplied by the District. Unless authorized by the District, service furnished to the property owner shall be rendered directly to the property as delineated in the agreement for service between the property owner and the District (service is considered as being rendered to the property owner by the District) through the District's connection, and under no circumstances shall the property owner or property owner's agent or any other individual, association, or corporation install equipment for the purpose of disposing of said service. In no case shall a property owner, except with the written consent from the District, extend their installation across a street, alley, lane, court, property line, avenue, or any other way, in order to furnish service for adjacent property, even though such adjacent property is owned by them. In the Words Underlined are added;Words Sough are deleted. Page 12 of 29 17C event there is an unauthorized extension, sale or disposition of service, the property owner's service will be subject to discontinuance until such unauthorized extension, sale or disposition is discontinued and full payment is made of bills for service, calculated on proper classification and rate schedules and reimbursements in full are made to the District for all extra expenses incurred for clerical work, testing and inspections. 2. The District will at all times use reasonable diligence to provide continuous service, and having used reasonable diligence shall not be liable to the property owner or occupants for failure or interruption of continuous water service. The District shall not be liable for any act or omission caused directly by strikes, labor troubles, accident, litigation, breakdowns, shutdowns for emergency repairs, or adjustment, acts of sabotage, enemies of the United States, wars, state, municipal or other governmental interference, aetg-ef-Ged force majeure or other causes beyond its control. 3. Property Owners shall maintain that portion of the water, and IQ water lines on their property located beyond the District service connection or point of delivery, and all loss of water through breaks or leakage to the premises will be the responsibility of and paid by the property owner. The property owner shall maintain that portion of the sewer line located on their property. C. Property Owner's Liability For Damage to Equipment. The property owner is liable to the District for any damage done to the District's equipment used in providing service to the property owner, except damage done by District employees. The repair or replacement of District equipment by any property owner or duly authorized individual constitutes an illegal connection or tampering with District equipment without consent of the District and shall be subject to the penalties hereinafter provided. Charges for repair or replacement of District equipment shall be in accordance with Appendix A — Schedules 4 and 5. D. Security Deposits on Water, Sewer, and IO Water Accounts. Security deposits normally are not required on District customer accounts for water, and/or sewer, and/or IQ water service. However, the District may require a deposit equivalent to Words Underlined are added; Words StRtek-Tlirough are deleted. Page 13 of 29 17C two (2) months average service when an account has been shut-off for non-payment more than two (2) times in any six (6) month concurrent period. These deposits may be returned after six (6) months of timely payments. • - - . . Y. . . •.. - paymentss: li E. Property Owner's Responsibility for Water, IO water, and/or Sewer Services; Bad Debts. 1. The property owner is responsible for all water, IQ water, and/or sewer services and/or other District services provided to the property. In the event service is discontinued for non-payment, service will be restored only after property owner has fully complied with provisions of Section 1.4, paragraph FO.2 and FO.3, of this Ordinance. 2. Unpaid fees constitute a lien against the property (see Section 1.4 P of this Ordinance). In the event water, and/or sewer service and/or other District services have been discontinued for non-payment and any or all services are requested to be reinstated for the property in the future, this back debt plus associated charges must be paid before water and/or sewer service and/or other District services will be furnished. 3. Bad debts as a result of bankruptcy or court actions will be written off in accordance with applicable laws, rules and regulations. OF. Dates Bills Due and Delinquent; Discontinuance of Service for Non-Payment; Reinstatement Following Discontinued Service. 1. Utility service provided by the District shall be provided only to the property owner and not the tenant occupying the property if different than the property owner. The total amounts due on Bbills for utility service are due in full by the due date set forth on the bill from the District and are delinquent thereafter. Words Underlined are added;Words trough are deleted. Page 14 of 29 17C The District shall discontinue all utility sService when any portion of the overdue utility bill (above the cost of processing as charged by the County's Finance Department) rendered by the District is delinquent for non- payment of such bills for service. 2. When service has been discontinued for non-payment of bills, service will be renewed upon payment of Ilan unpaid overdue bills; plus al a shut-off lock fee: iii)and a late payment penalty fee; and iv) any other fees or deposits that may be due to the District from the property owner. (Appendix A-Schedule b 5). 3. If the lock has been tampered with and the street cock has been turned on prior to full payment of all fees the meter may be removed from the property, and the property owner shall be subject to penalties in accordance with Section 5. Should the property owner request renewal of service for the property, service will be restored upon full payment of: i-) all past due bills plus a late payment fee where applicable;; and-(2) ii a meter removal fee; and iii) any other fees or deposits that may be due to the District from the property owner. (Appendix A- Schedule b 5). 4. If service has been discontinued for nonpayment of bills and an illegal water connection is made, service will be-renewed restored only after the District receives in full the upeft payment of all unpaid bills;. In addition, other costs will be applied to the account as appropriate, including; i) time and material costs to remove the illegal connection and restore service, as determined by the District; k);the cost of the estimated amount of unbilled potable water and sewer charges, as applicable, as determined by the District during the period of the illegal connection; eensumption-less, iii) the payment of any other fees or deposits that may be due to the District from the property owner; plus iv) the property owner shall be subject to penalties in accordance with Section 5 and the charge for having an illegal connection as specified in Appendix A - Schedule 6.5). 5. Billing for potable water, sewer,-service or effluent effluent-krigatieft I0 water services shall begin upon installation of the Words Underlined are added;Words Stets ough are deleted. Page 15 of 29 17C meters., . . . .∎ :: • • . . : - • .. • : - . -• . • •• - ett .. • .... •- •.: 6. The property owner shall immediately notify the District of any additional dwelling units connected to the District's service lines if the dwelling units have not been included in previous applications. The property owner shall immediately notify the District when the property is sub-divided into units, with individual folios, that are then sold as independent units, each unit shall be individually connected to District Services. Costs for all work required for such connections shall be incurred by the property owner at no cost to the District. The District's service may be discontinued Fof for violation of this Section, ' ' may-be•• }seet . 140 Billing Payment When Meter Reads Not Available ; Right of Entry Of Authorized Agents Or Employees. 1. Should the meter on any premises become defective, se such that the amount of potable or IQ water delivered to such premises for the current month cannot be ascertained, the property owner shall pay for that month an amount equal to the previous twelve (12) months average preceding-meths billings for water volume charges unless the actual amount of water can be determined. Calculations for any such adjustments shall be in accordance with a documented and approved procedure. 2. The District reserves the right to estimate water, sewer, and IO water charges during a billing period. The estimate shall be based on previous twelve (12) months average billings for water, sewer, and IQ water volume charges. Calculations for any such adjustments shall be in accordance with a documented and approved procedure. 2-3. Duly authorized agents and employees of the District shall, &Icing •• :- - - - : • - - -• - - :- - ., have access to any property for the purpose of examining the condition of fixture, service pipe Words Underlined are added;Words Struck-Thr-etgh are deleted. Page 16 of 29 17C installation and such other purposes as may be proper to protect the interest of the District, reading or repairing the potable and IQ water meters, and cross connection control devices located thereon, or turning the supply of such water service to the premises off or on. I R Water Bill Complaints. Normally, high water bill complaints will not be accepted for inspection by the District unless all plumbing fixtures, piping and outlets have been examined by a licensed plumber who has certified that there are no leaks. If an investigation is made by the District and the findings reveal the initial meter reading was accurate and the meter is functioning properly, a meter re- read charge may be assessed-against charged to the property owner. The property owner shall be charged for meter tests which show the meter is functioning properly. J I. Meters, Location And Charge For Moving. - • - •.•• - - • - • . Meters and any associated cross connection control devices shall be located within the County utility easement serving the property, at the nearest point to the tap-in main, unless specific circumstances dictate otherwise. If a meter is moved at the request of the property owner, the property owner shall pay a fee equal to the District's full cost to remove and re-install the meter. service lines/laterals, and any associated cross connection control device at a different location in accordance with Appendix A—Schedule 3 4. K J. Connections With Water, Sewer,and IQ Water Required. The owner of each lot or parcel of land, or unit with an individual folio within the District where any improvement is now situated or shall hereafter be situated, shall, if the District operates and maintains water distribution and/or sewer collection facilities along the frontage of their property, connect or cause such improvement to be connected with the water and/or sewer facilities of the District. The usage of such facilities shall, at a minimum, be used for all indoor domestic usage and shall be connected within ninety (90) days following notification to do so by the District. Connection to the reuse I0 water system shall only be required if the development order and/or property purchase agreements require such connection, and there is I0 water available. Al4Costs for all works required for such connections shall be incurred by the property Words Underlined are added;Words Struck-Threaglh are deleted. Page 17 of 29 . . 17C owner and the connections shall be made in accordance with rules and regulations which may be adopted from time to time by the District, which rules and regulations shall provide for a charge for making any such connection in such reasonable amount as the governing board of the District may fix and determine. No connection or connections shall be required where the water or sewer system or line is more than two hundred(200)feet from such property line. la K. Exceptions To Connections. L This Ordinance shall not be construed to require or entitle any person to cross the private property of another in order to connect to the District's potable water, IQ waters and/or sewer service. 2. Connection to the District sewer collection facilities may be deferred by the District for up to five (5) years, from when access to District facilities becomes available, if the property owner demonstrates that an existing private sewer system on the property remains in compliance with Florida Department of Health operating standards, or until modification or replacement is required. Monthly sewer base charges will be applied during this period. 3. Connection to the District sewer collection facilities may be deferred if the District determines, in accordance with a documented cost estimate provided by a certified professional, that the connection costs would be unreasonable, in order to meet utilities standards. Monthly sewer base charges will be applied during this period. 4. Connection to the District sewer collection facilities may be deferred if the District sewer collection facilities along the frontage of the property is a force main and the District determines, in accordance with a documented cost estimate provided by a certified professional, that the connection costs would be unreasonable, in order to meet utilities standards. Monthly sewer base charges will not be applied during this period. 5. Any exceptions to connections shall be in accordance with a documented and approved procedure. #I L. Connections May Be Made By District. Words Underlined are added; Words Strad are deleted. Page 18 of 29 17C If any property owner of any lot or parcel of land within the District shall fail or refuse to connect to and use the potable water, IQ water, and/or sewer facilities of the District after notification, as provided herein, then the District shall be authorized to make such connections, entering on or upon any such property for the purpose of making such connection. The'District shall thereupon be entitled to recover the cost (Appendix A — Schedule S 4) of making such connection, together with reasonable penalties and interest and attorney's fees, by suit in any court of competent jurisdiction. In addition and as an alternative means of collecting such costs of making such connections, the District shall have a lien on such property for such cost; which lien shall be equal dignity with the lien of State and County taxes. Such lien may be foreclosed by the County in the same manner provided by the laws of Florida for the foreclosure of mortgages upon real estate. M. Discontinuance Of Water. Sewer, And IQ Water Service No property owner shall be relieved of the obligation to pay water, sewer, and I0 water charges unless the property owner has obtained a `Discontinuance of Water, Sewer, and 1O Water Service Authorization from the District. An example of a situation that may qualify for a discontinuance of water, sewer and I0 water service includes, but is not limited to, demolition and removal of all improvements and structures on a property evidenced by a completed demolition permit. When an authorization is granted to discontinue water, I0 water, and sewer service, charges shall terminate on the date of removal of the meter by the District. The charge for a discontinuance of water and sewer authorization is in accordance with Appendix A—Schedule 5. Charges for any subsequent re-installation of the water meter and sewer services will be in accordance with ERC calculations and with Appendix A—Schedule 3. N. Unlawful Connection Prohibited. No person shall be allowed to connect into any waters Of sewer, or I0 water line owned by the dDistrict without written consent of the District. The connection with such line shall be made only under the direction and supervision of the District. Any property owner or plumber who shad-make making any connection without such consent of the Cry District shall, upon conviction be subject to the penalties hereinafter provided. 0. Failure To Maintain Plumbing System. Words Underlined are added;Words Stfuek—Threugh are deleted. Page 19 of 29 17C The property owner shall be responsible for maintaining and keeping free from obstruction the water, and—sewer and IQ water pipes and associated assets leading to and connecting from the plumbing system to the District's water, and sewers, and IQ water mains:; and€Failure to keep the such water,and-sewer, and IQ water pipes and associated assets that are the responsibility of the property owner; free from obstructions and maintained in a proper manner, shall result in penalties in accordance with Section 5. P. Unpaid Fees To Constitute A Lien. In the event that the fees, rates or charges for the services and facilities of any water, and/or sewer, and/or I0 water system shall not be paid as and when due, any unpaid balance thereof and all interest penalties accruing thereon shall be an automatic lien on any parcel or property affected thereby. Such liens shall be superior and paramount to the interest on such parcel or property of any owner, lessee, tenant, mortgagor or other person except the lien of county taxes and shall be on a parity with the lien of any such county taxes. In the event that any such fees, rates or charges shall not be paid as and when due and shall be in default for thirty days or more the unpaid balance thereof and all interest accrued thereon, together with attorneys 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 mortgage on real property. Q. No Free Service. No water, er-sewage disposal, or I0 water service shall be furnished or rendered free of charge to any person, firm, corporation or governmental body. Each and every County agency, department, or instrumentality which uses such service shall pay therefore at the rates fixed by this Ordinance. R. Separate Connections For Each Separate Unit. 1. Unless authorized by the District, each dwelling unit whether occupying one or more lots and whether it shall occupy any lot or parcel jointly with any other dwelling unit shall be considered a separate unit for the payment of the water, and sewage disposal, and I0 water rates and charges, and separate connections will be required for each of such dwelling units. Words Underlined are added;Words Straeeogh are deleted. Page 20 of 29 1 7 C 2. When a community of property owners. Homeowners Association (HOA) or Condominium association, where District services are separately connected to each property, elects to have the District provide water service through a single master meter, a formal written request shall be submitted to the District. The District will provide details of the approved administrative process and requirements that must be met to effect the requested change. SECTION TWO: AMENDMENT TO SECTION TWO OF ORDINANCE NO. 2001-73, AS AMENDED Section Two is hereby amended as follows: SECTION TWO - Submetering 2.1 A landlord who is a euatemer of property owner within the District and who provides water, IO water, and/or sewer service to rental units through a single master water meter shall, under any of the following three circumstances, be exempt from the prohibitions contained in Section 1.4, paragraph B.1 against the sale or disposition of District water. IQ water, and/or sewer service: A. A landlord may apportion the monthly charge for District water, I0 water,and/or sewer service through the master meter equally among all rental units provided that the total monthly charge to all rental units shall not exceed the landlord's actual cost for District water,IQ water, and/or sewer service; or B. A landlord may install submeters for each rental unit to tfaek measure each unit's usage of water service and then charge each unit according to its exaet measured usage; however in no event shall the amount charged to all the rental units exceed the landlord's actual cost for District water and/or sewer service. A landlord who installs submeters shall comply with the requirements of Section 2.4, below and shall not recover more than his actual cost for District water and/or sewer service 4,4041 associated with the respective master meter and shall not pass on to his tenants any of the capital or administrative cost incurred in the installation and Words Underlined are added;Words StRieli-Tlifotigh are deleted. Page 21 of 29 17C monitoring of the submeters or the billing of tenants for their water, IQ water, and/or sewer service usage; or, C. A landlord may also provide water, IQ water, and/or sewer service to rental units through a single master water meter for no specific compensation provided that in no event shall any landlord recover more than his actual cost for District water. IQ water, and/or sewer service from his tenants. 2.2 For any rental units which are under lease agreement as of the effective date of this Ordinance, a landlord choosing to install submeters as provided in Section 21-.4, paragraph B above, shall not begin monitoring a rental unit's water usage and corresponding billed sewer flow where applicable for the purposes of charging a unit according to its actual water usage and sewer until the expiration of the then existing term under such lease agreement. Upon renewing an expired lease, or upon entering any new lease agreement with a tenant subsequent to the effective date of this Ordinance, a landlord choosing to submeter shall fully disclose to the tenant the landlord's ability to separately charge each rental unit for water, IQ water, and sewer service according to its exact metered water usage. Such disclosure shall must be in both of the following forms: (1) oral representations by the landlord to the tenant at the time of negotiating the lease and before either party has signed the lease agreement, and (2) by a conspicuously printed disclosure provision in the lease agreement specifically referencing the landlord's ability to submeter pursuant to the terms of this Ordinance and initialed by the tenant. 2.3 Upon a tenant's written request, any landlord who exercises his privilege to recover his actual cost for county District water, IQ water, and/or sewer service shall provide to the tenant documentation of the landlord's actual cost for District water, IQ water, and/or sewer service as well as documentation and a written explanation of the basis for any costs charged to the tenant for water, IQ water,and/or sewer service. Such documentation and written explanation shall be provided within five(5) business days from receipt of the written request. 2.4 Furthermore, upon dispute of a water, IQ water, and/or sewer bill by a tenant in person, in writing, by telephone, or in any other manner, a landlord shall, within five (5) business days of Words Underlined are added;Words Struck-Thigh are deleted. Page 22 of 29 17 C receiving notice of the tenant's dispute, pursue all of the following remedies in an effort to resolve the dispute: A. Reread the master meter and/or any submeter to verify the accuracy of the meter reading process and the working condition of the meter(s); B. If the working condition or accuracy of the master meter or any submeter is in question after being reread, the landlord shall have the meter tested; C. If after being tested the master meter or any submeter is found to be inaccurate or otherwise defective, the District or the landlord, as the case may be, shall immediately repair or replace the meter. D. Provide documentation of current and past billing practices with respect to the applicable rental unit for the period of the requesting tenant's occupancy; E. Arrange a meeting with the tenant and the property manager or some other representative of the landlord to discuss the billing process;AND and F. Any tenant whose request is unsatisfactorily addressed or who has exhausted the above options without redress may bring suit in a court of competent jurisdiction to obtain relief under Chapter 83,Florida Statues, the Landlord Tenant Act. 2.5 All submeters must register within the accuracy standards as currently met approved and used by the District for its own water meters. In addition, any landlord installing submeters shall provide, where applicable, the following services, at the landlord's expense, which either meet or exceed the level of service currently provided by the District with respect to its water meters: A. The landlord shall promptly,upon receiving notice,repair all submeter leaks; B. The landlord shall promptly, upon receiving notice, replace any failed service lines or associated components; C. The landlord shall promptly, upon receiving notice, replace damaged or deteriorated submeter boxes or lids, and shall, where applicable, lower or raise a submeter box to grade as necessary; D. The landlord shall, upon receiving a water quality complaint, check applicable connections and flush applicable service lines; Words Underlined are added;Words StFuek—Tlireogh are deleted. Page 23 of 29 17C E. The landlord shall, upon receiving a low pressure complaint, check and test the system to ensure proper operation: F. The landlord shall locate and provide the location of all submeters and service lines upon reasonable request by a tenant; G. The landlord shall turn off applicable submeters in emergency situations; H. The landlord shall read all submeters no less frequently than once a month; I. The landlord shall replace all submeters that become stuck or difficult to read; and J. The landlord shall notify the tenant of a potential leak upon reading a submeter that reflects an unusually high usage. 2.6 The provision of water and/or IQ water service through a single master meter by a landlord as described in this section is deemed not to constitute the sale or disposition of water and/or IQ water service. The provision of sewer service as described in this section is deemed not to constitute the sale or disposition of sewer service. 2.7 Any condominium association or Homeowners Association (HOA)that is a customer of the District and provides water and/or sewer and/or IQ water service to condominium units or single family homes/units through a single master meter may allocate the cost for such water service among its members either by equal apportionment, installation of submeters, or otherwise provided that such allocation of cost is restricted to recovery of the condominium association's actual cost for District water and/or sewer service and/or IQ water and directly related administrative or capital expenses incurred in recovering that cost. Upon a member's written request, any condominium association or HOA that exercises its privilege under this exemption from the prohibitions in Section 1.4, paragraph B.1 to recover its actual cost for District water and/or sewer and/or IQ water service and directly related administrative and capital expenses incurred in recovering that cost shall provide to the each individual, member documentation for the condominium association's or HOA's actual cost for District water and/or sewer and/or IQ water service as well as documentation and a written explanation of the basis for any costs charged to the member for water and sewer service. Such documentation and written explanation shall be provided with five(5)business days from receipt of the written request. The Words Underlined are added;Words Stmek- ems are deleted. Page 24 of 29 17C provision of water service through a single master water meter by a condominium association or HOA as described in this section is deemed not to constitute the sale or disposition of water service. The provision of sewer service as described in this section is deemed not to constitute the sale or disposition of sewer service. The provision of IQ water service as described in this section is deemed not to constitute the sale or disposition of IQ water service. 2.8 Any landlord or condominium association or HOA that elects to install submeters shall not charge a security deposit. 2.9 A landlord who is a property owner within the District and who owns multiple rental units or lots, within a single parcel, shall only provide water and/or sewer and/or I0 Water services through a single master water meter, unless an approved service exists prior to the approval of this Ordinance. Property owners of record are responsible for payment of all delinquent balances. 2.10 A landlord who is a property owner within the District and who provides water and/or sewer and/or I0 water services through a single master meter to multiple rental units or lots, within a single parcel, and who sells any of the units or lots, such that they become individual parcels, shall be responsible for notifying the District of the transactions. Separately metered water services, and as appropriate sewer services, and/or IQ water services are required to be provided to each new property, resulting from the sale of such units or lots,prior to the issuance of Certificates of Occupation, or on change of ownership. The District will provide details of the approved administrative process and requirements that must be met to effect the requested, change. SECTION THREE: AMENDMENT TO SECTION THREE OF ORDINANCE NO. 2001- 73,AS AMENDED. Section Three is hereby amended as follows: SECTION THREE -City of Naples Service Area. Words Underlined are added;Words Sisk-Threes are deleted. Page 25 of 29 17C 3.1 No extension of existing distribution water mains of the water system of the City of Naples may be made within the District, without the prior, written consent and approval of the governing board of the District, except that this Ordinance shall not apply to the lands described in Section 3.4. 3.2 All applications for said distribution water main extensions shall be made in writing to District staff who shall present said requests to the governing board of the District within thirty (30)days of receipt thereof. 3.3 The governing board of the District may attach reasonable conditions to the issuance of permits for distribution water main extensions which conditions may include, but not be limited to, provisions for payment of system development charges or impact fees which are, or may be enacted by the Collier-County. 3.4 The City of Naples Water Service Area Boundaries are as follows: . . _ - . - - , - •- •. . . . -, • .. - ... . • . •- _ . • - _ . . - _ . .. ... . _, - _. ... . _ •. . . • .. ... - ... - _ _- , . . • _ . .•, • .. -•^ - • - . -- , , , . .. . , S - --•: • • -, • .. - Beginning at the intersection of the easterly shoreline of the Gulf of Mexico with the southerly City limit line of the City of Naples: thence easterly along said southerly City limit and the south line of Section 27. Township 50 south. Range 25 east, to the southeast corner of said Section 27, thence northerly along the easterly City limit line and the east line of said Section 27 to the northeast corner of said Section 27: thence westerly along the north line of Section 26, Township 50 south. Range 25 east, to the northeast corner of said Section 26: thence northerly Words Underlined are added;Words Struck Through are deleted. Page 26 of 29 17C along the east line of Section 23. Township 50 south. Range 25 east to its intersection with the southerly right-of-way line of Thomasson Drive; thence easterly along said southerly right-of- way line of Thomasson Drive to its intersection with the range line between Range 25 east and Range 26 east; thence northerly along said range line lying between Range 25 east and Range 26 east to the northeast corner of Section 13, Township 49 south. Range 25 east: thence westerly along the north line of Sections 13. 14. 15. 16 and 17. Township 49 south. Range 25 east to the intersection of the north line of said Section 17 with the easterly shoreline of the Gulf of Mexico; thence southerly along the meanders of the easterly shoreline of the Gulf of Mexico to the point of beginning. SECTION FOUR: AMENDMENT TO SECTION FOUR OF ORDINANCE NO. 2001- 73,AS AMENDED. Section Four is hereby amended as follows: SECTION FOUR—Appendices for Rates, Fees and Charges The Board of County Commissioners as Ex-officio Board of the Collier County Water- Sewer District hereby adopts the Rates, Fees, and Charges as set forth in Schedule 1 through 7-5; inclusive, appended hereto as Appendix A, which as of October 1, 2006, shall be imposed upon all users of the District's services within the District's boundaries and outside the District's boundaries subject to appropriate mutual agreements. Tk -. • - - - . . .. • - - -' - -- _. . •.: _ . . . . - - - • - .- . . . These rates, fees, and charges may be changed from time to time by ordinances or by resolutions of the Board of County Commissioners as Ex-officio Board of the Collier County Water-Sewer District, provided the Board publishes, in a newspaper of general circulation in Collier County, notice of an advertised public hearing with regard to the then proposed schedule amendments. The proposed amendments (by County Ordinances or Board Resolutions) can be agendized on the Board's regular agenda or on the Board's summary agenda subject to removal to the Board's regular agenda. Words Underlined are added;Words Struck Through are deleted. Page 27 of 29 17C SECTION FIVE: AMENDMENT TO SECTION FIVE OF ORDINANCE NO. 2001- 73,AS AMENDED. Section Five is hereby amended as follows: SECTION FIVE- Penalties. Unless another penalty is specifically provided for, any person who violates any section or provision of this Ordinance shall be prosecuted and punished as provided by Section 125.69, Florida Statutes. Each day the violation continues shall constitute a separate offense. Additionally, the Board may bring suit for damages or to restrain, enjoin or otherwise prevent the violation of this Ordinance, before the Special Magistrate, or, in the Circuit Court of Collier County. SECTION SIX: AMENDMENT TO SECTION SIX OF ORDINANCE NO. 2001-73, AS AMENDED. Section Six is hereby amended as follows: SECTION SIX—Confidentiality 6.1 Confidential Information A. Information and data on a user obtained from reports, questionnaires, applications, and other material provided shall be available to the public or other governmental agency without restriction unless the user specifically requests and is able to demonstrate to the satisfaction of the District and County that the information is not "public record" under then applicable law, and is clearly within an exemption outlined in the Florida Public Record Law of the State of Florida, Chapter 119, Florida Statutes, or its successor in function. B. Notwithstanding any of the provisions of this Article, nothing shall be construed or interpreted to require the Collier County or the District to violate any of the applicable public records law(s). Any release of information or disclosure made by the County or District in order to comply with such law should not give rise to a claim whatsoever. Words Underlined are added;Words Struck-Threes are deleted. Page 28 of 29 17C SECTION SEVEN: CONFLICT AND SEVERABILITY. The provisions of this Article shall be liberally construed to effectively carry out its purpose in the interest of public health, safety, welfare and/or convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION EIGHT: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Article shall become and be made a part of the Code of laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION NINE: EFFECTIVE DATE. This Ordinance shall become effective upon being filed with the Department of State. PASSED AND�DULY adopted by the Board of County Commissioners of Collier County, Florida,this j I day of "-- Kh 4. , 2013. ..-. ATTEST: BOARD OF COUNTY COMMISSIONERS OF, DWIGHT E. BROCK, CLERK COLLIER, FLORIDA, AS EX OFFICIO THE`''' ''''"Nl^ GOV• ' ING BO• I OF THE COLLIER 0 ''% CO ATE•-SEWER DISTRICT 1,. C. -4 • 4 . 7‘ f" rb Ci -- By: ► i , .,�'t,�S . •"3 eputy Clerk st ►7 '•� . HILLER, ESQ. '1I.-.`•,• 1.i:,.) C AIRWOMAN Approved as to form an egal suffr ' cy: This ordinance filed with the Secretory of State's Office the ' cloy of _ v11'Q-. - S tt R. Teach and acl%nowledgement �qft�hat �`r day Deputy County Attorney filing received th — of By o•3un, Words Underlined are added;Words Struck-Through are deleted. Page 29 of 29 17C PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING,OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A-FEES,RATES AND CHARGES SCHEDULE I-DISTRICT-WIDE WATER AND WASTEWATER RATES Page 1 of 3 1.WATER froieliag M..thl7 floc«{I1 Effective Effective Effective October 1,2010 October I,2011 October I,2012 WATER SERVICE BASE AVAILABILITY CHARGES (Residential,Multifamily,Commercial, and Irrigation Only) Meter Site 54" 517.63 517.63 517.63 3/4" 17.63 17.63 17.63 I" 31.92 31.92 30.92 1-1/4" 4911 49.21 49.20 1-1/2" 74.20 74.20 74.20 2" 116.40 116.41 116.40 3" 215.32 215.32 215.32 4" 356.45 356.45 356.45 6" 709.27 70917 709.27 1" 1,132.64 1,132.64 1332.64 10" 2,049.94 2,049.94 2,049.94 12" 2,761.73 2,761.73 2.761.73 VOLUME CHARGE PER 1,000 GALLONS (Residential,Multifamily.Commercial and Irrigation Only) Block 1 S142 $2.42 52.42 Block 2 3.64 3.64 3.64 Block 3 4.14 4.04 4.04 Block 4 6.05 6.05 6.05 Block 5 7.25 7.25 7.25 Block 6 9.67 9.67 9.67 BLOCK RATE STRUCTURE (Residential,Multifamily,Commercial and Irrigation Only) Commotion Block(Thousands of Gallons) Meter Sis4 /kW Skls;k-1 Sklok.i Mock.! Skmk.1 Sk5k.4 Si" 0 to 5 610 10 1 I to 20 21 to 30 31 to 50 Over 50 3/4" 0 to 5 610 10 11 to 20 21 1.30 31 to 50 Over 50 I" 0 to 12 13 to 25 26 to SO 51 to 75 76 to 120 Over 120 1-1/4" 0 to 20 21 to 40 41 to 110 $1 to 120 121 to 200 Over 200 1-1/2" 0 to 25 2610 30 51 to 100 101 to IS0 151 to 250 Over 250 2" 0 to 40 41 to 00 111 to 160 161 to 240 241 to 400 Over 400 3" 0 to 10 11 to 160 161 10 320 311 to 410 411 to 100 Over 100 4" 0 to 120 121 to 250 251 to S00 501 10 S00 101 to 1,200 Over 1,200 6" 0 to 250 251 to 500 501 to 1.000 1,001 to 1.500 1,501 to 2,500 Over 2.500 5" 0 to 450 451 to 900 901 to 1,100 1,101 to 2,700 2,701 to 4.500 Over 4,500 10" 0 to 700 701 10 1.450 1,451 to 2,900 2,901 t.4,300 4,301 to 7,000 Over 7,000 12" 0 to 1,075 1.176 to 2.150 2.151 to 4100 4.301 to 6.450 6,451 to 11.000 Over 11,000 (2I Rates to become effective with the first fuU billing cycle for service rendered oa and after October 1st of each fiscal year Indicated. Rote adjustments represent the greater of:1)0.00%(no change):or 0)100%of the annual change in the Miami-Port Lauderdale CPI as of April of the preceding fiscal year leas 2.4%. 17C PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING,OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A-FEES,RATES AND CHARGES SCHEDULE I-DISTRICT-WIDE WATER AND WASTEWATER RATES Page 2 of 3 2. WASTEWATER EnWiag Msatiiy Rat..(11 Effective Effective Effective October 1,2010 October 1,2011 October 1,2012 WASTEWATER SERVICE BASE CHARGES (Residential,Multifamily,and Commercial) Meter Size 5/8" 526.94 $26.94 526.94 3/4" 26.94 26.94 26.94 I" 61.25 61.25 61.25 1-1/4" 78.52 78.52 78.52 1-1/2" 118.51 118.51 118.51 2" 187.26 187.26 187.26 3" 347.60 347.60 347.60 4" 576.40 576.40 576.40 6" 1,148.69 1,148.69 1,148.69 8" 1,835.65 1,835.65 1,835.65 10" 3.291.09 3,291.09 3,291.09 12" 4,877.93 4,877.93 4,877.93 VOLUME CHARGE PER 1,000 GALLONS (Residential,Multifamily,and Commercial) All Usaee iil 53.79 $3.79 53.79 RI-Rates to become effective with the first full billing cycle for service rendered on and after October lit of each fiscal year indicated. Rate adjustments represent the greater of:I)0.00%(no change):or ii)100%of the annual change in the Miami-Fort Lauderdale CPI as of April of the preceding fiscal year less 2.4%. (3}-Monthly individually metered residential usage charges are capped at 15,000 gallons. DC 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 of 6,000 gallons or more ' 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-use 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. 17 C PUSLX.434184184.41/4110111 40161444440414.44146441/461446711164 APP444444-441641.64454414.611.4.1466 661641644-40004.41 14/46.4 444144444. 111. 1446444•4444461■144446.6441 4166.6.0 Lifemika Milk* 64164144 00464444644 A44444614 0444644.4,4614 1414 404,4484104r464614411111.1441C144466.1 (66041•44444144460444614,4011~14•14441414406044410 fileitalso 414! 63644- 433.84 430.33 $33.34 at 0000- 63.93 4944 7348 44A2 44844- 43449 43345 44948 at 440.00- 4.416.34 24443 337.44 at 340.44- 389.19 43844 430.03 at $30.44- 60443 66449 33400 at 444948- 4.30344 4,33743 446044 at 3.06634- 3448.64 3,38848 3,63443 1414116441.64664511-40064ALLONS (414414144641r114441414446/,6444/644444404444.11•4143.1y) 414•64 1443 4446 $5.24 43.34 94444 3.41 344 6.44 7.08 6114•141 faa 746 2.,%7 8.84 11144144 04; 844 848 948 81444.6 843 038 40.33 4444 61444 4043- 44.69 4344 4448 litrACK4ATIFRAUCUai ( 444•44444414614611yrCols464466.1444144slip114646414) 444•44464441.44114.446416444166464 ild441144 81•488 81063 118184 81948:* Blida Milk& 404: 0444 64440 444630 644440 344444 0~44 3M: 0444 64440 444440 244440 344460 64644 4: 04443 434444 364440 644446 464.430 0444-410 4.4/4 44440 244.40 444440 84444244 44444440 06.4400 04644 264460 4444400 40444460 41444444 0444460 at 04444 414440 3144444 44444444 34444400 0444460 31 04440 3444460 44445410 614444414 44444400 01..400 4! 04.400 42444444 3144440 14444400 4106644,300 04464,340 4: 01.310 36444400 661444,004 4,004444.640 4,144446600 04644.500 IP 04.440 44444400 404444400 4494484404 3404444600 06444,600 . ... . . • 44414.4 044 ‘1644444404611414444,40444414446414444 44611•4164164.464414 1+f,1/414464464414664446444444611. ' . 17 C PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING,OPERATING,AND REGULATORY STANDARDS ORDINANCE APPENDIX A-FEES,RATES AND CHARGES SCHEDULE 32-IRRIGATION QUALITY WATER RATES Page 1 of 1 Existing Monthly Rates-14f Proposed Monthly Rates I it Effective Effective Effective 10/1/2008 10/1/2011 10/1/2012 SERVICE AVAILABILITY BASE CHARGE Meter Size 5/8" $5.40 $5.64 $5.90 3/4" 5.40 5.64 5.90 1" 11.80 12.33 12.89 1-1/2" 24.70 25.81 26.97 2" 49.30 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 $0.32 $0.33 $0.35 Pressurized 0.41 0.43 0.45 Pressurized and Distributed 0.81 0.85 0.88 p 11 Rates to become effective with the first full billing cycle for service rendered on and after October 1st of each fiscal year indicated. 17C PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A-FEES,RATES AND CHARGES SCHEDULE-4 3-METER TAPPING CHARGES AND CROSS CONNECTION CONTROL DEVICE CHARGES Page 1 of 1 Meter Installation Charges(Tanning Fees) 1. Meter Installation Charges to be paid to the District shall be as follows: Meter size meter tapping charges: Summary of Meter Tapping Charges With Service Line Installation Charge(1) Meter Size Effective October 1,2008 Effective October 1,2010 3/4 inch $779.00 $779.00 1 inch $827.00 $827.00 1 1/2 inch $940.00 $940.00 2 inch $1,213.00 $1,213.00 Summary of Meter Tapping Charges Without Service Line Installation Charge(1) Meter Size Effective October 1,2008 Effective October 1,2010 3/inch $257.00 $257.00 1 inch $270.00 $270.00 1 1/2 inch $347.00 $347.00 2 inch $410.00 $410.00 Cross Connection Control Device Charges(Formerly known as Backflow Device) 2. Cross Connection Control Device Charges to be paid to the District shall be as follows: Reduced Pressure Zone Device Charges Meter Size Effective October 1,2008 Effective October 1,2010 3/4 inch $247.00 $247.00 1 inch $270.00 $270.00 1 1/2 inch $375.00 $375.00 2 inch $433.00 $433.00 (1) Typical costs where the District performs all work. Actual invoice costs will be charged for work performed by subcontractors. 17C PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING,OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A-FEES,RATES AND CHARGES SCHEDULE b4-EQUIPMENT,LABOR AND ADMINISTRATIVE CHARGES Page 1 of 1 Summary of Equipment,Labor and Administrative Charges DESCRIPTION Effective October 1,2008 Effective October 1,2010 (I)Equipment(Per Hour Rates): Rehab&Electrician's Truck $77.00 $77.00 Crew Truck 551.00 $51.00 Vector Truck $207.00 $207.00 Camera Truck 5155.00 $155.00 Boom Truck 5103.00 5103.00 20 Yard Dump Truck $72.00 $72.00 10 Yard Dump Truck $41.00 $41.00 Pumper Truck $207.00 5207.00 Track Hoe(Big or Small) S51.00 551.00 Back Hoe $67.00 $67.00 Olympias Generators $62.00 562.00 Dewatering System 541.00 $41.00 4"Trash Pump $10.00 $10.00 Mud Hog 515.00 515.00 Trailer $46.00 546.00 Signs,Barricades and/or Traffic Board $103.00 $103.00 Road Saw and/or compactor $15.00 $15.00 Miscellaneous Small Equipment $5.00 55.00 Soft Dig Truck N/A $100.00 Portable Lights N/A $25.00 Bucket Truck N/A $125.00 Pickup Truck N/A $40.00 521 Labor(Per Hour Ratesl; Utility Technician 531.00 $27.00 Supervisor 541.00 $34.00 Crew Leader N/A $29.00 Senior Crew Leader N/A $30.00 Maintenance Specialist N/A $28.00 Safety Coordinator N/A $38.00 SCADA Operator N/A $30.00 GIS Technician N/A $32.00 Odor Control Specialist N/A $32.00 Parts Manager N/A $30.00 Parts Clerk N/A $26.00 Equipment Operator N/A $26.00 j))Administration(Per incidents 15%or 5300;whichever is 15%or 5300;whichever is smaller smaller (41 Parts Actual Cost Actual Invoice Cost 15)Sub-contractors Actual Cost Actual Invoice Cost 56)Right of Wav Permits Actual Cost in Laboratory Tests(Per testi $25.00 17C PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING,OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A-FEES,RATES AND CHARGES SCHEDULE 61-MISCELLANEOUS CHARGES Page 1 of 1 Summary of Miscellaneous Charges DESCRIPTION Effective October 1,2010 Effective October 1,2011 New Accounts-Jgcludiat Property Change of Ownership $28.00 $28.00 Turn Off-Tun On at Owner's Request $50.00 $50.00 Meter Re-Read(if different-charge is SO) $50.00 $50.00 Meter Data Log Analysis $50.00 $50.00 Meter Test Ousite Test(more than 3%error-charge is SO) S140.00 $140.00 Offsite Bench Tat(more than 3%error-charge is SO) $250.00 $250.00 Meter Lock $55.00 $55.00 Meter Unlock,2nd and Subsequent Events $55.00 $55.00 Meter Unlock after normal busbies hours $100.00 $100.00 Meter Pull $110.00 $110.00 Meter Removal Actual time and material cost Actual time and material cost Discontinuance of Service-Meter Removal Actual time and material cost Actual time aid material cost Illegal connection Actual time and material Actual time and material cost, cost,plus average plus •",plus a consumption,plus a$300.00 $300.00 fine Convenience Fee-Credit Card 50.00 $0.00 Temporary Meter Deposit $1.000.00 $1,000.00 Duplicate Bill Processing Fee $2.00 $2.00 Non-Sufficient Funds(NSF)Processing Charge per Actual Bank Charge per Actual Bank Charge assessed plus Admim fa of assessed plus Admix fee of 5% 5%of the amount or$100, of the amount or$100, whichever is smaller whichever Is smaller Cost of Procession for Refunds and Final Bills 51100 Late Payment Penalty 5%of unpaid balance 5%of unpaid balance Vehicle haw Over Meter Charge $60.00 560.00 Removal of Landscaping to Agents bligeter ggd. cross connection control device 580.00 $80.00 Septage Processing Charge/1,000 gallons $35.00 $35.00 Grease Trap Waste Charge/1,000 gallons $45.00 $45.00 ••Consumption clumps to be based on meter rite,calealated by time cos.ecled,or averse cosusmpda.,or 100.001 pions 4 37 PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING,OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A-FEES,RATES AND CHARGES SCHEDULE 61-MISCELLANEOUS CHARGES Page 1 of 1 Summary of Miscellaneous Charges DESCRIPTION Effective October 1,2010 Effective October 1,2011 New Accounts-iadudint Property Change of Ownership 528.00 5211.00 Turn Off-Turn On at Owner's Request 550.00 $50.00 Meter Re-Read(if different-charge is S0) 550.00 550.00 Meter Data Lag Analysis 550.00 $50.00 Meter Test; Onsite Test(more than 3%error-charge is SO) $140.00 $140.00 Offsite Bench Test(more than 3%error-charge is SO) 5250.00 $250.00 Meter Lack $55.00 555.00 Meter Unlock,2nd and Subsequent Events $55.00 $55.00 Meter Unlock after normal busing hours $100.00 $100.00 Meter Pull $110.00 $110.00 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 connection Actual time and material Actual time and material cost, cost,plus average plus consumptiog••,plus• consumption,plus a$300.00 $300.00 fine Convenience Fee-Credit Card $0.00 $0.00 Temporary Meter Deposit 51,000.00 $1,000.00 Duplicate Bill Processing Fee $2.00 S2.00 Non-Sufficient Funds(NSF)Processing Charge per Actual Bank Charge per Actual Bank Charge assessed plus Admiu fee of assessed plus Admia fee of 5•/a 5%of the amount or S100, of the amount or S100, whichever is smaller whichever b smaller Cat of Processing for Refunds and Final Bills 510.00 Late Payment Penalty S%of unpaid balance 5%of unpaid balance Vehicle Purged Over Meter Charge $60.00 $60.00 Removal of Landscaping to Areas MIpeter gg cross connection control device 500.00 $50.00 Septage Processing Charge/1,000 gallons S35.00 $35.00 Grease Trap Waste Charge/1,000 gallons $45.00 $45.00 ••CoasupWa charges to be based at water tae,calculated by tine canceled,or average coasaaptioa,or 101000 gallows , 17C Y M Mesa 2014414 2011}1} 2043 3043 3814 2015 2044 Jemmy $518.88 $47444 S760.94 3856.08 3864418 $856.08 3866.08 Febrility 531.77 487.45 77345 85648 85448 86448 85408 Moak 544.74 642.84 781.74 85488 866.118 86448 85408 April 687,74 45346 79646 85648 85448 85608 86448 Mey SWIGS 44484 808.53 86448 85648 854418 86608 Jose 582.65 677.72 830,44 854418 86448 85448 85448 July 59643 48443 833,40 85608 85448 85648 86608 .4etoct 60949 7 81,64 844.19 856.88 86448 85648 85448 September 422.56 716.40 85448 866.08 85408 856.08 85648 October 635.63 735.39 86648 8E448 85648 85648 85608 November 648.50 73748 856.08 86648 85408 85648 85608 December 641477 74947 85448 85608 85608 85608 85408 CAleader-Yew Moe& 30001 2114444} 2042 3013 2614 3015 3014 Jeaaery 3421.40 4548.08 3581.76 5654.48 8654148 5464.48 3654.48 February 46344 56843 590.85 65448 654.48 654,48 664.48 Mar& 44168 49046 599.94 654148 654.48 664.48 664148 Apra 456.33 49495 60403 654.48 65448 65448 46448 Mety 46476 50944 61413 684.48 66448 66448 664.48 June 474.30 64843 637.31 66448 654.48 65448 654.48 July 48484 53743 63430 68448 654.18 45448 65448 AIM" 495.28 534.31 645.39 654.48 654.48 65448 664.48 September 50643 54640 664.48 661.48 654.48 654.48 454.48 October 514.46 554.49 664148 654.48 654.48 664.48 654.40 November 53748 54458 664.48 654,48 654.48 68448 654.48 December 537+54 572.47 654.48 65448 654.48 66448 66448 1 17C UBCS CUSTOMER ACCOUNT ADJUSTMENT PROCEDURES PROCEDURES FOR EVALUATING AND APPLYING ADJUSTMENTS TO COLLIER COUNTY WATER-SEWER DISTRICT CUSTOMER ACCOUNTS COLLIER COUNTY WATER-SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE—Ordinance No. 2013-XX SECTION I. 3District Rates, Fees and Charges other than Monthly User Fees. G. Adjustments 1. Any debit or credit adjustments for any District service can only be made as the result of a documented and approved procedure. : - : -- : •- = : :_• : . - 3,2001. ... . . . _. . . - - • - 2. Debit and/or credit adjustments for District errors and omissions should be applied to the account or refunded, if appropriate, and are subject to appropriate review and authorization. The unexplained loss of metered water procedure approved by the Board of County Commissioners on January 3, 2001 has been updated from time to time to incorporate the evaluation of previously unidentified water loss situations. These changes have been approved by the Public Utilities Division Administrator or his designee, and the County Attorney's Office, and are included in the current version of this procedure at APPENDIX A. The documented and approved procedure for debit and/or credit adjustments for unforeseen situations (other than metered water loss), and District errors and omissions is included as APPENDIX B. This version of the procedures was approved by the Board of Collier County Commissioners at their meeting on February 26, 2013 March 11,2013 Page 1 of 8 1 UBCS CUSTOMER ACCOUNT ADJUSTMENT PROCEDURE C APPENDIX A COLLIER COUNTY WATER-SEWER DISTRICT PROCEDURE FOR ADJUSTMENT OF CUSTOMER ACCOUNTS FOR EMERGENCY SITUATIONS INVOLVING LOSS OF METERED WATER PURPOSE The purpose of this Collier County Water-Sewer District (CCWSD) procedure is to provide a credit adjustment to the water, IQ. and/or sewer account of a customer who has experienced an emergency situation involving the loss of metered water. The excess water metered will have occurred as a result of conditions beyond normal and reasonable control of the customer or other parties responsible for the use, care and maintenance of fixtures and devices that are a part of the customer's water service system. CONDITIONS It is the customer's responsibility to promptly discover and stop the loss of water on the customer's side of the meter. In addition, the customer is responsible for making arrangements to repair or have repaired the fixture or device causing the water loss. There is no obligation for the CCWSD to adjust accounts when the water has been metered properly. It is the CCWSD's desire to encourage customers to make prompt and permanent repairs and to show consideration for the unusual circumstance by sharing the cost of the billing charges resulting from the stated conditions. Where the loss is believed to have been taken without the permission of the customer, however, it is the customer's responsibility to report to the local law enforcement office. CUSTOMER RESPONSIBILITY 1. The customer must provide information describing the emergency situation or circumstances that resulted in the loss of water within 30 days of the disputed utility bill invoice date. The information required includes the date the problem was discovered, what action was taken to stop the loss of water, and the arrangements made for repairs. 2. The customer must provide a copy of the plumber's bill or receipts for materials purchased if the customer made the repair him/herself, or a copy of the law enforcement office theft report. These documents are needed to support the condition that the repair is a quality job of a permanent nature. ADJUSTMENT PROCEDURE 1. Within 30 days of receipt of the customer's plumber's bill, or receipts for materials purchased, or confirmation on the field work order of a leak on the customer side together with written confirmation from the customer that the leak has been repaired, a customer service representative will complete an evaluation of the circumstances surrounding the March 11, 2013 Page 2 of 8 17C UBCS CUSTOMER ACCOUNT ADJUSTMENT PROCEDURES water loss. Where the customer submits a law enforcement office theft report only a sewer adjustment will be considered. 2. The customer service supervisor will review the evaluation and determine whether an adjustment is appropriate. If an adjustment is approved then the customer service supervisor will request the accounting team to provide the adjustment calculation. 3. Upon completion, the calculation will be passed for review and approval before it is forwarded to the billing team for application of the adjustment to the customer account. Explanatory notes will be included on the next bill, or a letter explaining the adjustment will be forwarded to the customer. 4. Using the following guidelines,the accounting team will calculate the adjustment. Where the water has not returned to the sewer system The adjustment shall be: 1. 50% of the amount in excess of the previous twelve (12) months average billings for water volume charges for the first bill involving the loss of metered water and 2. 100% of the amount in excess of the previous twelve (12) months average billings for wastewater volume charges, for the first bill involving the loss of metered water and other bills that can be attributed to the leak, for the following conditions or similar situations: • Burst pipes or underground leaks • Irrigation system leaks • Faulty water heaters or pressure reducing valves, and • Faulty pool auto fill devices and pool leaks Where the loss is for I0 water only.the adjustment will be: 1. 50% of the amount in excess of the previous twelve (12) months average billings for IO water volume charges for the first bill involving the loss of metered 10 water Where a property owner accidently leaves a hose running, or has a similar incident that is not the consequence of a leak or fault, or as a result of a reported theft of water, 100% of any sewer charges over the previous 12 months average billings will be credited. Where the previous 12 months includes one or more months of higher disputed consumption, this should not be included in the average calculation as this would unfairly distort the average. In this situation include months beyond the twelfth month to offset the high consumption months. In no instance will the total credit adjustment of 50%of the amount in excess of average billings for water volume charge exceed$250.00. Where new sod has been laid or new landscaping planted, and we have invoiced confirmation of the purchase, 100% of the amount in excess of the previous twelve (12) months average billings March 11, 2013 Page 3 of 8 17C UBCS CUSTOMER ACCOUNT ADJUSTMENT PROCEDURES for wastewater volume charges, can be credited for each consecutive month of the additional watering, for a period of 30 days from the planting. NOTE: The maximum wastewater volumetric charge for individually metered residential property shall be 15,000 gallons per month. Where the water has returned to the sewer system: The adjustment, for the first bill involving the loss of metered water,shall be: 1. 50% of the amount in excess of the previous twelve (12) months average billings for water volume charges and 2. 50% of the amount in excess of the previous twelve (12) months average billings for waste water volume charges will apply The above shall apply for the following conditions or similar situations: • leaky toilet • running faucet • or other internal plumbing fixture When twelve month average not available If a full twelve (12) month average is not available, because we do not have 12 read ,s, the average shall be established as follows: Residential, individually metered - no credit shall be applied until a minimum three month average has been accumulated through normal usage. Where more than three months of normal usage are available, but less than twelve, all applied monthly consumption shall be used to determine the average. • Residential, master metered — the adjustment will depend on where the water loss occurred. Wherever the loss point is identified the adjustment will be based on the number of units on the loss side. Generally the square footage of a unit should be available from the Property Appraiser, HOA,or Property Management Company. Number of Units (see table below) X ERC rate X 350 gallons X 30(rounded down) Unit size(sq.ft. ERC rate 0 to 750 0.33 751 to 1,500 0.67 1,501 or more 1.0 March 11, 2013 Page 4 of 8 17C UBCS CUSTOMER ACCOUNT ADJUSTMENT PROCEDURES Commercial - the adjustment will depend on where the water loss occurred. Wherever the loss point is identified the adjustment will be based on the square foot of office or retail space affected on the loss side. Generally the square footage should be available from the Property Appraiser, Engineer of Record, or Property Management Company. Offices:Number of square feet X 0.15 gallons X 30(rounded down) Retail:Number of square feet X 0.1 gallons X 30(rounded down) GENERAL INSTRUCTIONS A. No water adjustment shall be made for any period beyond the initial billing period in which the excessive consumption was identified. Not more than one (1) adjustment for an excessive water bill caused by the same condition shall be made within a period of one (1)year per customer. B. All adjustments for water loss will be calculated at Block 1 rates for the applicable meter size beyond which the loss occurred. C. Calculation of any adjustment will be made by the accounting team on a form provided and shall include a complete and adequate description of the problem and justification for the adjustment. A copy of the adjustment D. The review and approval of all adjustments will be in accordance with the table of authorities included at APPENDIX C E. Once the adjustment has been made to the customer's account, the customer will be notified by a customer service representative via telephone and the adjustment with explanatory notes will be included on the next utility bill. IMPLEMENTATION The Public Utilities Administrator, or his or her designee, shall be responsible for implementation and interpretation of this procedure and is authorized to exercise the applicability of this procedure in the various circumstances involving abnormal water usage or loss, in accordance with the Collier County, Uniform Billing, Operating, and Regulatory Standards Ordinance 2013-XX, Section 1.3.G, as may be amended from time to time. March 11,2013 Page 5 of 8 17C UBCS CUSTOMER ACCOUNT ADJUSTMENT PROCEDURES EXHIBIT B COLLIER COUNTY WATER-SEWER DISTRICT PROCEDURE FOR DEBIT OR CREDIT ADJUSTMENT OF CUSTOMER ACCOUNTS FOR UNFORSEEN SITUATIONS, ERRORS AND OMISSIONS PURPOSE The purpose of this Collier County Water-Sewer District (CCWSD) procedure is to provide a debit or credit adjustment to the water and/or sewer account of a customer where an unforeseen situation has arisen or an error or omission by CCWSD has been identified. The situation will likely have occurred as a result of meters or devices that are part of a customer's water service system being incorrectly installed or not assigned to the customer account, the provided service being incorrectly identified on the account, or the incorrect rate code being applied to the account. CONDITIONS Situations may arise whereby CCWSD services have been provided to a property without appropriate charges and fees being applied to the customer account. Furthermore these services may have been provided to the property through one or more changes of ownership of the property. It is the customer's responsibility to promptly discover services that are being received but not being billed. There is no obligation for the CCWSD to adjust accounts when the water and/or sewer services have been metered and charged properly. Also, fixtures or devices may have been installed incorrectly or have malfunctioned. It is the CCWSD's desire to make prompt reimbursement for the unusual circumstance by fair apportionment of the cost of the billing charges resulting from the stated conditions. Similarly it is the CCWSD's responsibility to recover costs for services that have been provided but not correctly billed. The Water-Sewer District is self-supporting through the customer fees received monthly for the services provided. By virtue of the Special Act that created the District, Section 17 states: Free water and sewer services prohibited. - No free water or sewer service shall be rendered by the District and no discrimination shall exist in the fees, rates, and charges for users of the same class. Under the Florida Statute of Limitations, we have an obligation to all customers of the Water- Sewer District to recover all back charges owed for up to four years. March 11,2013 Page 6 of 8 17C UBCS CUSTOMER ACCOUNT ADJUSTMENT PROCEDURES CUSTOMER RESPONSIBILITY 1. Should a customer discover that an unforeseen situation, error or omission has occurred affecting their account, it is the customer's responsibility to contact Customer Service to report the matter as soon as practicable. ADJUSTMENT PROCEDURE I. Upon discovery by CCWSD staff or notification of the situation, error or omission a customer service representative or billing team member will evaluate the circumstances and prepare an initial adjustment proposal. 2. The representative's supervisor will review the adjustment proposal. The supervisor will send any adjustment proposals to their manager for review, as appropriate. [See authority levels below] 3. The approved adjustment proposal will be passed to the accounting team for calculation. 4. Using the following guidelines,the accounting team member will calculate the adjustment. GENERAL INSTRUCTIONS A. Any debit or credit adjustment will reflect a fair assessment of any services not received or services used where inadequate notification or awareness was afforded to the customer. B. Calculation of any adjustment will be made by the accounting team on a form provided and shall include a complete and adequate description of the problem and justification for the adjustment. C. Calculation of any adjustment will be made by the accounting team on a form provided and shall include a complete and adequate description of the problem and justification for the adjustment. A copy of the adjustment D. The review and approval of all adjustments will be in accordance with the table of authorities included at APPENDIX C E. Once the adjustment has been made to the customer's account, the customer will be notified by a customer service representative via telephone and the adjustment with explanatory notes will be included on the next utility bill. IMPLEMENTATION The Public Utilities Administrator, or his or her designee, shall be responsible for implementation and interpretation of this procedure and is authorized to exercise the applicability of this procedure in the various circumstances involving abnormal water usage or loss, in accordance with the Collier County, Uniform Billing, Operating, and Regulatory Standards Ordinance 2013-XX,Section 1.3.G, as may be amended from time to time. 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BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2013-44 which was adopted by the Board of County Commissioners on the 11th day of June, 2013 , during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of June, 2013 . DWIGHT E. BROCK ,'/ >. Clerk of Courts. and;:-Clerk'"%. :,,: Ex-officio to BoaX1 of:' County Commissions CcP By: Teresa Cannon, Deputy Clerk