Ordinance 92-026 AN~
BY TeE COUNTY; PROVIDING FOR CONFLICT
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier
County, Ex-Officio the Governing Board of the Collier County
Water-Sewer District met to consider rates, fees and charges
' for water and sewer service prnvided by tho County water system
and the County s~nitary sewer system, and
. W~ERF~%S, the Board' of County Commissioners approved
increased water conservation-oriented rates at their meeting on
August 14, 1991, which are outlined in Collier County Ordinance
No. 86-67, as amended by Collier County Ordinance No. 91-80;
WHERF2%S, certain properties have larger meters than
necessary to supply service to them; and
WHEREAS, the previous water purveyors to these customers
installed the larger than normal meters to maintain pressures
and increase water flows to compensate for pressure problems
that were being experienced in certain parts of their system;
and
WHERF~%S, several of these ~ustomers, who ars now served by
the Collier Coun'ty Water-Sewer District, have complained about
the substantial rate increases they have experienced due to
their respective property being served by a water meter that is
lar~er 'than necessary to serve their property; and
WHEREAS, County staff has neither any economical means nor
any duty to determine which meters were larger than necessary
to provide service to a given property and thus would have been
affected by substantially increased new water and sewer rates
am distinguished from those meters that are property sized to
supply the respective service to a given property; and
WHEREAS, the Board of County Commissioners, Ex-Officio the
Governing Board of the Collier County Water-Sewer Dlstric~,
~orde llDdsrltned &re added; words st~e~-th~e~½ are deletsd.
desire to provide credits to those customers who do not need
those oversized meters installed by the previous water
perweyor; and
WHEREAS, it is presumed that such property owner not
needing an oversized meter will in the~. customer's own self
~nterests immediately rectify the situation after this
Ordinance is enacted.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COt~NTY, FLORrDA AS THE GOVERNING BODY
OF COLLIER COUNTY, AND AS EX-OFFICIO, THE COVEP~ING BOARD OF.
. THE COLLIER cOUNTY WATER-SEWER DISTRICT, that:
SECTION ONE: Collier County Ordinance No. 86-67 is hereby
amended by adding the following Section:
SECTION TWENTY-SIX: Credits
Some Countv water and;or sewer customers formerlv serve¢~
bv another utility had water meters installed by the Dreviou~
watgr %ltllitv that were sized lar~er than currently necessar%[
to SUDDI¥ water to their respective propertY. The County
hereby provides a means for these customers to aPPlY to th9
County ~or Properly sized Csmaller) meters. All such customers
who reg~/ested and received downsized meters Drier to th~
passage of this ordinance will be automatically qranted, on
their next monthly bill fo!lowinq the Dassaqe of this
Ordinance, a credit on their utility account for the cumulative
difference between their monthly water and;or sewer service
~yailabilitv cherqe for the oversized meter size the customer
ha~' in ~lace at the time of nassaqe of the conservation
oriented fees adooted in this Ordinance. Customers who request
within the 30 day Defied after the effective date of this
Ordinance that a smaller meter be installed will receive th-
same credit specified above. All such customers who request
such downsizina meter chanqes within the 30 day oeriod after
the effective date of this Ordinanc~ shall DaY a $32,00 charqe
for labor costs only. in lieu of the normal charges now
specified in Ordinance 86-67. All requests for a smaller wate~
Words 9nderlined are added; words s~r~ek-th~eu~h are deleted.
!' meter a~tsr the 30 day time Der!od will not be eliaible for any
· c_redit and will be reauired to may the normal charaes for meter
~;~ SECTION TWOt Conflict and Severabllity.
In the event this Ordinance con~.lictm 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 ~hall be d~emsd a
!:.~' separate, distinct and independent provision and such holding
~ - shall hot affect the validity of the remaining portion.
SECTION THREE: Effective Date
This Ordinance shall become effective upon receipt of
'' ~ notice from the Secretary of State that this Ordinance has been
filed.lwith the'Secretary of State.
, PASSED AND DULY ADOPTED, this _~__day of ,
.. 1992.
BOARD OF COUNTY COMMISSIONERS
, .(' .ATTESTt ~. COLLIER COUNTY, FLORIDA
':..~ ..~ "i' / - . ,%'-~., MICHAEL J. Chairman
· . ..-.?... ..
ApprOVe~ to. form 'and
leg,1 :~?~fficisncy:
R c~ha~d D. Y va~novich
.T~3.~ oi~t,,, O~f~,~
Words 9n~ are added; words s~ek-~hr~h ar~ deleted.
STATI?0F FLORIDA )
COUNTY .OF COLLIER )
I, JAMES C. ~ILES, Clerk of Courts In and for the
Twentieth Judic~a! Circuit. Collie= County, F~or~da, do
hereby certify ~hat ~he foregoing ~s a ~rue copy
Ordinance No. 92-26
which ~e adopted by the Board of County Co~ss~onere on
the 28th day of Apr~, ~992, d~r/ng Re~lar Session.
NIT,SS my.h~d and the official seal of ~he Board of
Cowry Co~ss~oners of Co~li~ Coun~, Florida, this 30~h
day of Apr~/, 1992.
Clerk of Cour~. and Cle=~ . '""./~'
Ex-officio to Board of ~"" '