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Ordinance 96-07 ORDINANCE NO. 96- 7 AN ORDINANCE AMENDING ORDINANCE NO. 86-67, AS /~'~i0'~7.,;,,~. AMENDED, REGARDING WATER AND SEWER SERVICE ~ ~ ' PROVIDED BY COLLIER COUNTY AS A UTILITY; AMENDING SECTION THREE REGARDING CURTAILMENT OF SERVICE FOR ~ ' ~'~ ~ RULE VIOLATIONS AND UNPAID CUSTOMER ACCOUNTS; ,, '~ ~ AMENDING SECTION FIVE TO DELETE FIVE-EIGHTHS INCH '?' ~ AFTER 15 DAYS ACCOUNT DELINQUENCY; AMENDING ~., -~ SECTION SEVEN TO DELETE REFERENCE TO 5/STH INCH .~-. METERS AND TO DISCONTINUE SECURITY DEPOSITS ON CUSTOMER'S WATER ACCOUNTS; AMENDING SECTION EIGHT TO DISCONTINUE SECURITY DEPOSITS ON CUSTOMER'S SEWER ACCOUNTS; PROVIDING FOR CONFLICT AND SEVERABILITY, PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. W~EREAS, staff has recommended to the Board that the requirement for utility security deposits from customers be eliminated and that existing security deposits be credited pro-rata to each appropriate customer's account(s); and W}IEREAS, the Board accepts staff's recommendation regarding security deposits on customer accounts and customer security deposits shall be credited to the respective customer's account(s); and W~IEREAS, 5/Sth inch water meters will no longer be obtainable for Collier County supplied water service; and WI4EREAS, late fee penalties on delinquent water and wastewater accounts will commence after 15 days of delinquency rather than the current 30 days of delinquency; and W~{EREAS, cases where utility service may be curtailed for violation of rules and/or non-payment of utility accounts is clarified by amendment to this Ordinance. NOW, TI{EREFOR~. BE IT ORDAINED BY TI{E BOA/tI) OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA '1- Words underlined are added; words ...... '- ~ ..... ~ are deleted SECTION ONE z AMENDMENT TO SECTION THREE OF COLLIER COUNTY ORDINANCE NO. 86-67, AS AMENDED. Section Three of Collier County Ordinance No. 86-67, as amended, relating to curtailment of utility service, is hereby amended to read as follows: Section Three. Application for Service. A. To obtain service, application must be made at the office of the County. Applications are accepted by the County with the understanding that there is no obligation on the part of the County to render service other than that which is then available from its existing facilities. B. The applicant shall furnish to the County the correct name, street address and legal description at which service is to be rendered at the time of the application for service. All system development charges, connection and tap-in fees, and any other fees, rates and charges as established by the Board of County Commissioners shall be paid in full at the time of application for service. C. Utility service is furnished only upon signed application of the customer, accepted by the County, and the conditions of such application or agreement are binding upon the customer as well as the County. A copy of each application or agreement for utility service by the County will be furnished to the applicant. D. Application for service requested by firms, partnerships, associations, corporations and others, shall be tendered only by duly authorized parties. When service is rendered under agreement or agreements entered into between the County and an agent of the principal, the use of such service by the principal shall constitute full and complete ratification by the principal of the agreement or agreements entered into between agent and the County under which such service is rendered. A tenant of properny shall not be construed to be an agent. °2- Words underlined are added; words struck '~ ..... ~ are deleted E. Where the water or sewer main is reasonably accessible to render service, 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 County. F. The County may withhold or discontinue service rendered upon application made by any individual, of the immediate family household, agent or representative of an organization or business unless all prior indebtedness to the County of such family, ~ ..... ~A~ individual organization or business for utility service has be~n settled in full. Service may be withheld or discontinued for non-payment of bills ~nd/or non-compliance with rules and regulations in connection with the same or ~n~ different class of service furnished to the same customer at the same premises, or for non-p~./ment of ~ny accoun~ ~il~s for ~, a previous occupant of to the premises~ providca .... ~ .... ~---=-- -= .... ~ ..... =-- Exception: if service was PrOvided under an account in the name of a non-owner of the PremiSes, further service under a new account can be withheld or discontinued only if the prior non-owner account holder received direct benefit from the renderin~ of that prior service at that service location, SECTION TWO~ AMENDMENT TO SECTION FIVE OF COLLIER COUNTY ORDINA/~CE NO. 86-67, AS AMENDED. Section Five, Meters; Tapping Charges; Miscellaneous, of Collier County Ordinance No. 86-67, as amended, is hereby amended to read as follows: '3- Words underlineLQd are added; words struck through are deleted. Section Five: Meters; Tapping Charges; Miscellaneous. A. Meter tapping charges shall be as follows: Meter Meter Size Tapping Charge 3/4" 5260.00 1" 5350.00 1-1/2" 5500.00 2" 5600.00 B. For meters larger than two (2) inches, the tapping charge shall b~ based on the cost of the meter. The materials and labor costs for such meters shall be furnished by the developer in accordance with County requirements and specifications and dedicated to the County in accordance with County ordinances, at no cosL to the County. C. All meters 2 inches or smaller will be furnished by the County and shall remain the property of the County. D. Meters must be left accessible to County employees at all times. E. When any customer, who has a water meter, makes application to the County for the installation of a larger meter to replace his smaller meter, he shall be given no credit for the tapping charges paid on the smaller meter in accordance with above schedule. There shall be no refunds or credits given to any customer requesting a smaller meter. F. Fees and procedures for the iustallation of temporary meters may be established by resolution. G. The following list of charges is established for user services: Meter Removal or Lock 550.00 Back Flow Tests 535.00 ~. Late payments for monthly user fees are subject to a charge of 5% on the unpaid balance after~4} fifteen (15) days of the bill being rendered. -4- Words underlined are added; words struck through are deleted. ------ I. Retail effluent irrigation usage shall be at the following schedule: Meter Size Minimum Charge Per Gallon Charge 5/8", 3/4" ~ 4.35 $0.13/1000 gal 1" ~10.90 $0.13/1000 gal 1~ ~21.75 $0.13/1000 2" ~43.50 $0.13/1000 gal 3" ~87.00 $0.13/1000 gal 4" ~174.00 $0.13/1000 gal Except in cases where a written agreement between the County and the customer establishes a minimum gallonage monthly effluent rate that cannot be changed unilaterally by the County, all golf course and oth~r bulk sales of effluent shall be sold and billed at the rate of $0.13 per 1,000 gallons. SECTION T}{REE: AMENDMENT TO SECTION SEVEN OF COLLIER COUNTY ORDINANCE NO. 86-67, AS AMENDED. Section Seven of Collier County Ordinance No. 86-67, Water Deposits, is hereby amended to read as follows: Section $evenl Security DepOSitS on water Account~ SeCurity deposits are ~o longer reau~red.on CuStOmer aCcOuntS ~or wa~er Service, All exis~i~q Security deposits on customer accounts shall be cred~tqd, pro-rata, to each cuStOmer accOUnt, All pC ~^~:': Sizes arc heroin established as sot forth. No motor ~hall bc installed and connections made B. .~.pplication for '~atcr service ..~ust bc made tc the County Utility ~"~^~ .... ~ '~- ~^~^"~-- deposit shall bc required upon application. In the event that a '5- Words underlined are added; words struck through are deleted. ......... is ~: ......... J for failurc ........................ - ....... ~'atcr bill cn t:--~'' basis --~ .k_ acpcsit is r .... ~ tc ~- inadcquatc '- covcr Ccmmcrcial ~ -- ~' '~ ......... ~" $75. All ct,hcr~ net spccificd . ~ .... $ shall ~- rcfundcd upon transfcr cf tkc ~ervicc ~v,,, v;;~ v.,,~& ~.v~.~ SECTION FO~: M~ME~ TO SECTION EIG~ OF COLLIER CO~ ORDIN~CE NO. 8~-~7, AS ~ED. Section Eight of Collier County Ordinance No. 86-67, as amended, Sewer Deposits, is hereby amended to read as follows: SeCtioD Eiqht; Security Deposits on Sewer AcCounts, Security deposits are no longer required on customer accounts for s~wer servi~¢. All existing security deposits Qn sewer service Sb~l be credited, prQ-ra~a, to ~h~ ~ach customer ~count. A. A ~cpc~it a~cunt .................... ~ ~c~:cr ~crvicc ~=--~ ............ -6- Words underlined are added; words struck ""' ..... ~ are deleted ;~y ecr. mcrcial, industrial and institutional .......... :"~"~:" ~ ...... li it d ~-'-~ ..... ~ .......... hcusc ccndcminiumo ..... :-- ~ ...... off: ......... rcstaurantz~ public as placcs cf buzincss. ~ No pcrGcn zhall rccaivc zcwcr zcrvicc from thc upccificd -~ Z. Dcpcsitz $hall bc z.-'fundcd only upon transfcr cf thc ..... =--~ billin~ cr any accrucd shall ~ ..... :~---~ .......... ~ ~ .... :- shall ~ ............. :spararc :cr;icc. SECTION FI~s C0~LICT ~ S~ILI~ In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION SIX: iNCLUSION IN ~E CODE 0F ~WS ~ 0~IN~CES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renu~ered or -7- Words underlined are added; words struck '~ ..... ~ are deleted. relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION SEVENs EFFECTIVE DATE. This Ordinance shall become effective upon filing with the SecretarV of State. .. ~ PASSE~',AND DULY ADOPTED by the Board of Count~ Commissioners ." . " .....". , ' , ' , ' T Y DWIGHT E. BR~)~.K~. CLERK BOARD OF COUNTY COMMISSIONERS '... , Ap~roved..a~" to' farm and ~Homa~ C.' Palm~r Assistant County Attorney CATIffCP/I0523 -8- Words underlined are added; words =,truck '~ ...... u 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. 96-7 Which was adopted by the Board of County Commissioners on the 27th day of February, 1996, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of February, 1996. DWIGHT E. BROCK ." ~ '.o Clerk of Courts and.' ~lerk' . Ex-officio to Board, ~f County Commission~r-~ .' : . .-.. : / s/Maureen K~n~6n.' ;: Deputy Cf%,rk. ".:.. .. .-"'