Resolution 2004-003
RESOLUTION NO. 2004 . _~
16C7:J
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, TO ADOPT A POLICY GOVERNING SALE OF RECLAIMED
WATER ONLY TO UNINCORPORATED AREAS WITHIN COLLIER COUNTY
WHEREAS, the Collier County Water-Sewer District desires to adopt a reclaimed water
policy to sell reclaimed and other supplemental water exclusive]y to customers in the
unincorporated areas of Collier County to protect and obtain the best usage of this limited
resource; and
WHEREAS, the Collier County Comprehensive Plan mandates dual water services for
all new developments and the F]orida Department of Environmenta] Protection mandates that
each wastewater utility shall have a disposal of reuse program based on the number of customers
served by the utility.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The Collier County Water-Sewer District (District) shall provide reclaimed and/or
supplemental water service only pursuant to separate written agreement applicable to each
respective clearly defined and described reclaimed and other supplemental water service area
located within the then existing boundaries of the District, and no such agreement shall authorize
or allow the District to supply reclaimed water or supplemental water to any area then situate
within the geographic boundaries of a municipality. Also, each such agreement entered into,
renewed or extended by the District after the effective date of this Resolution shall include the
following provision: "In the event that all or any part of the land area to be served with
reclaimed water pursuant to this agreement is annexed into a municipal corporation, either party
to this agreement shall have the absolute right, without any liability whatsoever to the other party
or to any other individuals or entities, to terminate this reclaimed and other supp]emental water
service to the area annexed into the municipality by giving the other party to the agreement not
less than ninety (90) days and no more than three hundred and sixty-five (365) days advance
written notice of the terminating party's decision to terminate this reclaimed and other
supplemental water service to the geographic area annexed into a municipality."
Should an excess amount of reclaimed or other supplemental water, or both, become
available to the District in the future whereby there then exists no viable demand for such surplus
reclaimed or surplus other supplemental water, or both, anywhere in the then unincorporated area
of Collier County, the District will consider the possibility of selling only such surplus reclaimed
and surplus other supplemental water to service areas that are situate outside the then existing
unincorporated area of the County.
/.,-d.. This Resolution is adopted after motion, second and majority vote favoring adoption this
22 day of January 2004.
A TrEST
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, EX-OFFICIO
THE GO~ERN G BOA OF THE COLLIER
COUNTY W ER-SE R DISTRICT
.
By:
::'I3Y'" ~~J-*~
~uty Clerk . -~
Attest ~$to CtIafnaan's
s1goaturt oli]y.
. Approved as to form and legal sufficiency:
\~y:.".~.p~
Thomas C.PaImer,
Assistant County Attorney