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Ordinance 84-20ORDINANCE NO. 84-20 AN ORDINANCE AMENDING SECTION 1H(7) OF ORDI- NANCE NO. 83-18 BY PROVIDING THAT THE DEFINI- TION OF "UTILITY" SHALL NOT INCLUDE ANY UTILITY WHICH SERVES LESS THAN 100 PEOPLE OR ITS EQUIVALENT; AMENDING SECTION 2B(7) OF ORDINANCE NO. ~3-18 BY PROVIDING THAT THE UTILITIES DIVISION SHALL PROVIDE ADEQUATE CLERICAL AND TECHNICAL PERSONNEL TO THE COLLIER COUNTY UTILITY RATE AND REGULATION BOARD; AMENDING SECTION 3A OF ORDINANCE NO. 83-18 BY PROVIDING A PROCEDURE FOR PASS- THROUGHS OF RATE INCREASES OR DECREASES PURSUANT TO CONTRACTS FOR THE PROVISION OF WATER OR SEWERAGE SERVICE ENTERED INTO PRIOR TO MAY 1, 1983; PROVIDING CONFLICT AND SEVERABiLITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY CO~IISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE Section 1H(7) of Ordinance No. 83-'.8 is hereby amended to read as follows: * * * H. "Utility" means any person, lessee, trustee, receiver, firm, association, corporation, business trust, partnership, cooperative, or any other organization proposing, owning, operat- ing, managing, leasing, or controlling any Water or Sewerage System, or part thereof, whether pursuant to franchise or not, serving any part of the unincorporated area of Collier County for compensation received directly or indirectly, but it shall not include: * * * (7) Any Utility which serves less than 100 people o__r .its equivalent. SECTION TWO · Section 2B(7) of Ordinance No. 83-18 is hereby a~ehded to read as follows~ NOTE~ Words underlined are added to existing Ordinance; words s%=Hek%ehrou~h are deletions from existing ordinances. The eo~n~y-Mana~e~ Utilities Division shall provide adequate clerical and technical personnel for the Board and the County Attorney shall provide legal assistance to the Board. Minutes of each Board meeting shall be kept and prepared under the super- vision and direction o~ the Board, and copies of such minutes shall be filed with the Clerk of the Cnmmi~ion. SECTION THREE Section 3 A. of Ordinance No. 83-18 is hereby amended by adding subpart 6 to read as follows: (6) Contracts for the. provision of water or sewerage ser- vice entered into prior to May 1, 1983~ which provide a method for calculating adjustments in rates shall be honored by the Board as a pass-through to the extent that the contract¢ the method of calculation contained ir, the contract, and the rate adjustment so calculated are just and reasonable. Any adjustment in rates pursuant to such contracts shall not be imolemented until approved by the Board. The Board may approve, modify or reject any such adjustment and may require such additioqal infor- mation from the Utility as the Board may deem necessary to render a decision as to whether the contract~ the method of calculation contained in the contract, and the. rate adjustment so calculated are just and reasonable. Any Utility seekin~ an adjustment in its rates pursuant to such contracts must, in writing, notify the Board and its Customers at least sixty (60} days prior to the adjustment of the Utility's intention to seek a pass-through adjustment. If the Board fails to render a decision on the adjustment within sixty (60) days after receipt of the Utility's notice~ the pass-thrguqh adjqstment shall be deemed to be auto- matically ~pproved. Ail Utility customers shall be fully ap- prised as to the increase or decrease in Rates resulting from approved pass-through adjustments and such changes shall be noted on the Utility's Customer bills. NOTE~ Words underlined are added to existing Ordinance; words s~uek-eh~em~h are deletions from existing ordinances. 2 114 SECTION FOUR 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 portlo~l 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 FIVE This Ordinance shall become effective upon receipt of official acknowledgement from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND ADOPTED by the Board of County Commissioners of Collier County, Florida, at its regular meeting held on the 14th day of February , 1984. DATED: February 14, 1984 'Approved.,s to form and · u~ ~. 'S~Unders Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DAVID C. BROWN, Chairman This ordinance flied with Sf.?'~tpry of Stc:te's. O/'fic~ the ~,,.Q acknowledgement o~ that ,n,ng recqived this ~ da NOTE: ~';ords underlined are added to existing Ordinance; words s~ek-eh~e~' ~re deletions from existing ordinances. STATE OF FLORIDA ) COUNTY OF COLLIER ) I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true origi0al ORDINANCE NO. 84-20 which was adopted by the Board of County Commissioners during Regular Session the 14th day of February, I984. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of February, 1984. WILLIAM J. REAGAN Clerk of Courts and Clerk Ex officio to Board of County~mmissioner. , ., --/ · By .... D~uty Clerk- · ii8