Ordinance 99-35 ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 97-37,
THE COLLIER COUNTY RECLAIMED WATER SYSTEM
ORDINANCE; BY ADDING' SUBSECTION (B) TO
~ SECTION TWENTY-THREE, "CUSTOMER'S ON-SITE
REUSE SYSTEM" TO ESTABLISH POLICY REGARDING
~ RATES THAT THE COUNTY'S RECLAIMED WATER
RECBN/EO CUSTOMERS MAY UTILIZE TO PASS-THROUGH
Boa d DIRECT COSTS TO INDIVIDUAL END USERS;
· PROVIDING FOR INCLUSION INTO THE CODE OF
I ~ LAWS AND ORDINANCES; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on May 12, 1997, the Board of County Commissioners of:~c,
Collier County, Florida, as the Governing Body of Collier County, enacted CollieC_2
County Ordinance No. 97-37, a reclaimed water system Ordinance, govemin~
policies, procedures and conditions regarding the use of the County's reclaimec~:,.: _
water system; and
WHEREAS, the Board of County Commissioners desires to am~'-,5 th~o
Ordinance to authorize submete~ng and allocation of direct costs in accorda~i"~wit~
existing policies and procedures applicable to potable water submetering and a~i~tiocl'?
of direct costs.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING
BODY OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that:
SECTION ONE: AMENDMENTS TO SECTION TWENTY-THREE OF
ORDINANCE NO. 97-37 - CUSTOMER'S ON-SITE REUSE
SYSTEM.
Section twenty-three of Ordinance No. 97-37 is hereby amended
by adding a new subsection (B) thereto, which reads as follows:
A. The applicant shall, at its expense, construct all necessary on-site reuse
facilities such as pipes, storage facilities, and spray or sprinkler facilities for the reuse of
reclaimed water. The applicant shall, at its expense, construct all necessary transmission
mains, re-pump stations and appurtenant improvements for transmitting reclaimed water
from the County transmission system to the applicant's site.
B. Customer may apportion its monthly charges paid to the Collier County
Water/Sewer District (CCWSD) for reclaimed irrigation service to its internal users either
by equal apportionment. by installation of submeters. or otherwise. provided the
apportionment is fair and not unreasonably discriminatory_. and is limited to recovery_ of
the Customer's actual direct costs in obtaining the respective irrigation service from the
District and. in turn. providing same to the internal users. including the Customer's
administrative and capital costs directly related thereto. Provision of irrigation service to
internal users as described in this subsection (limited to direct costs pass-through) does
-'-- not constitute sale or disposition of reclaimed irrigation service. Upon an internal user's
written request for same. the Customer shall. at no cost to the internal user. provide to
that requesting internal user. documentation to prove the Customer's above-described
actual direct costs. including a written explanation of the basis utilized by the Customer
tO allocate those costs to that internal user for that service. Such written proof and
explanation shall be provided to the respective requesting internal user n~ later than fiV~
(5) business days after receipt by the Customer of that user' s written request for same.
SECTION TWO: CONFLICT AND SEVERIBILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County
or other applicable law, the more restrictive shall apply. 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 a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining
portions of this ordinance.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND
ORDINANCES.
The provisions of this ordinance shall become and bc made part of the Code of
Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be
rcnumbcred or re-lettered to accomplish such and the word "ordinance" may be changed
to "section", "article" or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall become effective upon receipt of notice that this Ordinance
has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this/I;~t- day of '~e.,a_ ,1999.
...~ .... .., .......C~ C ek EX-OFFICIO THE GOVE~G BO~
1
)' ,.- :~, :,~)~ OF THE COLLIER CO~Y WA E -
..-,? ,i SE~ IST~CT
ttest ts 'to Chat~'$ ~ ord~nonce fi~ed with the
signature ~15 Secretory of S'i~t~'s Office the
Approv~ ~ ~ ~d legal suffici~cy: /~day oF }
tO O~
and ~cknow~edc,~i of that
fi~i~a received
~ of ~/~
[ 6~. ~y~~
h:t~/~d. 99 - Reuse of Recla~ed Water
Words ~ are added; words s,+z',:ck ~:suF, h are deleted.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 99-35
Which was adopted by the Board of County Commissioners on the
llth day of May, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 12th day of May, 1999.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
By: Ellie Hoffman,
Deputy Clerk