Ordinance 83-18ORDINANCE NO. 83- 18
AN ORDINANCE REGULATING FRANCIIISED AND NON-FRANCHISED WATER
AND SEWER UTILITIES IN COLLIER COUNTY, FLORIDA; PROVIDING
DEFINITIONS; ESTABLISHING THE COLLIER COUNTY UTILITY RATE AND
REGULATION BOARD AND PRESCRIBING ITS JURISDICTION AND POWERS;
PROVIDING MEMBERSHIP; PROVIDING FOR RULES AND REGULATIONS;
PROVIDING FOR FILING AND APPROVAL OF UTILITY RATES AND
REGULATIONS; PROVIDING FOR PASS-THROUGH OF CERTAIN INCREASES
OR DECREASES TO CUSTOMERS; PROVIDING THAT UTILITIES SHALL
FILE A REPORT WITHIN THIRTY DAYS~ PROVIDING STANDARDS FOR
UTILITY RATE REVI~; ESTABLISHING A FILING PROCEDURE FOR RATE
AND REGULATION REVIEW; PROVIDING THAT UTILITIES SHALL BE
RESPONSIBLE FOR ALL REASONABLE COSTS OF RATE AND REGULATION
REVI~;; ESTABLISHING A FILING FEE AND PROCESSING FEE;
PROVIDING FOR EMERGENCY RATE RELIEF; PROVIDING FOR REVIEW OF
FINAL ORDERS AND ACTIONS OF THE BOARD; ESTABLISHING AN ANNUAL
REGULATORY FEE AND REQUIRING AN ANNUAL FINANCIAL REPORT;
PROVIDING FOR ENFORCEMENT AND PENALTIES; REPEALING
ORDINANCE NO. 82-71; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS O~ COLhIE~__
COUNTY, FLORIDA:
SECTION 1. DEFINITIONS ....
As used in this Ordinance, the following terms mea~: ~,
A. "Board" means the Collier County Utility Rat~ ~n~
Regulation Board (CCURRB).
B. "Commission" means the Board of County Commissioners of
Collier County, Florida.
C. "Customer" means any person, lessee, trustee, receiver,
firm, association, corporation, business trust, partnership,
cooperative, or any other organization obtaining water or sewerage
service from a Utility as defined herein and being billed for such
service.
D. "Rates" means all revenues and consideration received
directly or indirectly by any Utility for any service or product
and shall include but not be limited to all rates, including
interim rates, charges, deposits, tolls, fees, costs, rentals,
connection charges, contracts involving contributions in aid of
construction to defray costs of installation, other.~advance%, and
any other charges made and collected at the time of]connection as
a condition of connection.
E. "Regulations" means the rules established or proposed by
a Utility or the Board defining the mutual obligations of a
Utility and its Customers.
F. "Service Area" means the physical territory in which a
Utility operates or proposes to operate a Water or Sewerage
System.
G. "Sewerage System" means any real estate, attachments,
fixtures, treatment plants, pumping stations, intercepting sewers,
pressure lines, mains, laterals, appurtenances, easements, rights
or other real or personal property used or proposed to be used in
the collection, treatment, purification or disposal of sewage and
sewage effluent and residue.
H. "Utility" means any person, lessee, trustee, receiver,
firm, association, corporation, business trust, partnership,
cooperative, or any other organization proposing, owning,
operating, 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:
(1) those engaged solely or principally in the business
of bottling, selling, distributing or furnishing bottled water or
portable treatment facilities;
(2) Nater or Sewerage Systems utilized by manufacturing
plants primarily for providing water or sewage treatment for its
manufacturing operations or for use by its employees on the
premises;
(3) an owner providing water or sewerage services to
hotels, motels, rental apartments, rental mobile home units, or
other similar developments, for the use of guest and tenants only;
(4) Water or Sewerage Systems owned or operated by a
governmental agency or a legally created public water or sewer
district;
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(5) Water Systems which have a rated capacity of less
than 50,000 gallons per day and Sewerage Systems which have a
rated capacity of less than 50,000 gallons of sewage per day.
(6) any Utility which derives less than fifty percent
(50%) of its revenues from the unincorporated area of the County
with the balance derived from the incorporated area. Any Utility
which derives fifty percent (50%) or more of its revenues from the
unincorporated area of the County, shall be subject to the
provisions of this Ordinance as they relate to only the Rates
charged in the unincorporated area.
(7) Any Utility which serves less than 100 people.
I. "Water System" means any real property, attachments,
fixtures, impounded water, water mains, laterals, valves, meters,
plants, wells, pumps, pipes, tanks, reservoirs, systems, treatment
facilities, equipment, easements, rights or other real or personal
property used or proposed to be used in obtaining, treating,
supplying or distributing water for business, industrial or human
consumption.
SECTION 2. COLLIER COUNTY UTILITY RATE AND REGULATION BOARD.
There is hereby created and established the Collier County
Utility Rate and Regulation Board.
A. Jurisdiction and Powers.
The Board, as a governmental agency of Collier County, is
hereby vested with the power, authority, and jurisdiction to
regulate and control Utilities, and shall exercise the powers and
perform the duties and functions prescribed by this Ordinance
under the direct jurisdiction and legislative control of the
Commission. The regulation of Utilities is declared to be in the
public interest, and this Ordinance is in the exercise of the
police power of the State for the protection of the public health,
safety, and welfare, and the provisions of this Ordinance shall be
liberally construed for the accomplishment of this purpose.
(1) The Board shall exercise jurisdiction over, and
have the power and authority to regulate and supervise, each
Utility with respect to Rates and Regulations for service within
Collier County, in accordance with the standards set by the
provisions of this Ordinance and subject to the Constitution and
General Laws of the State of Florida.
(2) In the exercise of such jurisdiction, the Board
shall be vested with the power, and it shall be its duty:
(a) to prescribe and fix Just and reasonable
Rates, classifications of service, and standards of
measurement to be observed and complied with by each
Utility;
(b) to approve, modify, or reject any Regulation
proposed or established by any Utility~
(c) to prescribe uniform systems and classifications of
accounts for each class of Utility;
(d) to require each Utility to file annual and special
reports and other reasonable information and data for the
proper administration and enforcement of this Ordinance;
(e) to request that the Commission provide appropriate
consulting services and or personnel or departments of the
County ~overnment to perform the work of compiling factual
data and information necessary or reasonably required by the
Board for the proper performance of its duties and functions.
(f) to ascertain and verify the original cost and
accumulated depreciation of the whole or any part of the
property of any Utility as is necessary to exercise the
Board's jurisdiction;
(g) to enter on any property used by any
Utility at any reasonable time, and to set up and use thereon
all necessary equipment to make investigations, inspections,
examinations and tests for the exercising of any power under
this Ordinance upon reasonable notice to the Utility with the
right of the Utility to be represented at the making of such
investigations, inspections, examinations and tests;
(h) to hold any person or Utility which fails to
obey any legal order, mandate, decree or instruction issued
by the Board during any proceeding by the Board, in contempt
of the Board; each day of continued violation of any legal
order, mandate, decree or instruction issued by the Board
shall constitute a separate act of contempt. The Board may
impose penalties of up to One Hundred Dollars ($100.00) for
each act of contempt. The Board may take any actions,
including but not limited to seeking injunctive relief,
necessary to effectuate the purposes of this Ordinance.
(3) The Board, when directed by the Commission, shall,
by Resolution after public hearing, review and set the Rates of
other Utilities whose water or sewerage capacity is less than
50,000 gallons per day. In such case, all provisions of this
Ordinance shall apply to that review and rate setting.
B. Membership.
The Board shall consist of five (5) members appointed by the
Commission.
(1) Each member of the Board shall be, and shall hold
office only so long as he or she is, a resident of Collier County,
Florida. Appointments shall be made on the basis of civic pride,
integrity, experience and expertise in the areas of utility
services and management, rate making, utility regulations, water
and sewer utility engineering, or other endeavors considered by
the Commission to be beneficial to the proper functioning of the
Board. No member shall be employed by or be connected with or
have any financial interest in, directly or indirectly, or serve
as an agent or representative of, any Utility as defined by this
Ordinance.
(2) The initial term of office of members shall be one
year for one member, two years for one member, three years for two
members, and four years for one member, with appointments
thereafter to be for a term of four years for each member. The
Commission shall determine which members shall be appointed for 1,
2, 3 and 4-year terms. Any vacancy occurring on the Board shall
be filled by the Commission for the remainder of the unexpired
term, at the earliest possible date. Members shall be eligible
for reappointment, and shall hold office until their successors
have been duly appointed and qualified.
(3) Members of the Board shall serve without
compensation but shall be reimbursed for their necessary expenses
incurred in the performance of their official duties, as shall be
determined and approved by the Commission.
(4) Before entering upon the duties of office each
member shall file written acceptance of appointment and take and
subscribe to the oath of office prescribed by law, which shall be
filed in the office of the Clerk of the Commission.
(5) A member of the Board may be removed from office
only by a 4/5ths vote of the entire membership of the Commission;
however, whenever a member of the Board shall fail to attend three
(3) consecutive meetings without cause, the Board Chairman shall
certify the same to the Commission. Upon such certification the
member may be deemed to have been removed and the Commission shall
fill the vacancy by appointment.
(6) The members of the Board shall select a Chairman
who shall serve at the pleasure of the Board and such other
officers as may be deemed necessary or desirable.
(7) The County Manager 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 supervision and
direction of the Board, and copies of such minutes shall be filed
with the Clerk of the Commission.
(8) The Board shall meet as often as necessary, but not
less than bi-monthly, to discharge its duties pursuant to this
Ordinance. Three members shall constitute a quorum for any
meeting of the Board. A majority vote of the entire Board is
required to take any action pursuant to this Ordinance.
C. Rules and Regulations.
The Board may make and prescribe such Rules and Regulations
reasonably necessary and appropriate for the proper administration
and enforcement of the provisions of this Ordinance, subject to
the Constitution and General Laws of the State of Florida.
(1) No such Rules and Regulations shall become
effective until a public hearing has been held upon the proposed
Rules and Regulations, and any amendments and modifications
thereto, and the same have been approved by the Commission and
filed with the Clerk of the Commission. A notice stating the time
and place of the hearing and the general nature of the proposed
Rule or Regulation shall be served by regular mail on the affected
Utilities two weeks before the date of the hearing and shall be
published by the County in a newspaper of general circulation in
the County once a week for two weeks consecutively before the date
of the hearing. Upon approval by the Commission, such Rules and
Regulations shall have the full force and effect of law within
Collier County, Florida.
(2) The Board may prescribe forms for use by Utilities
in compliance with the provisions of this Ordinance.
(3) The Board may administer oaths, certify to official
acts, issue subpoenas, and compel the attendance of witnesses and
the production of papers, accounts, books, contracts, documents
and other records, data or informatiOn, when necessary,
convenient, or appropriate in the discharge of the duties of the
Board.
SECTION 3. REVIE%! OF RATES AND REGULATIONS.
A Utllity shall not change, directly or indirectly, any Rate
or enforce any change in the Regulations not approved by the Board
after the effective date of this Ordinance.
A. Pass-Throuqh of Certain Increases or Decreases
to Customers.
A UtilitI, may pass-through to its Customers those certain
increases or decreases listed below in th~s subsection without
filing an application for a complete rate review pursuant to
subsections C, D, E and F of this Section.
(1) The approved Rates of any Utility which receives
all or any portion of its water or sewerage service from a
governmental agoncy or from another unrelated Utility and which
redistributes that service to its Customers may be increased or
decreased, upon sworn written notice by the Financial Officer of
the Utility to the Board sixty (60) days prior to implementation
of the increase or decrease that the Rates charged by the
governmental agency or other Utility have changed. The approved
Rates of any Utility which is subject to an increase or decrease
in the Rates that it is charged for electric power or in the
amount of ad valorem taxes assessed against its property may be
increased or decreased, upon sworn written notice by the Financial
Officer of the Utility to the Board sixty (60) days prior to the
implementation of the increase or decrease that the Rates charged
by an unrelated supplier of electric power or the taxes imposed by
the governmental body have changed. The new Rates authorized
shall reflect onl%~ the amount of the change of the ad valorem
taxes or Rates imposed upon the Utility by the governmental
agency, other Utility, or supplier of electric power. The
provisions of this subsection shall not prevent a Utility from
seeking changes in Rates pursuant to the other provisions of this
Section.
(2) The sworn written notibe required by this
subsection shall contain the figures and calculations upon which
the adjustment in Rates is based, stating that the adjustment will
not cause the Utility to exceed the range of its last authorized
rate of return.
(3) An adjustment in rates shall not be implemented
until approved by the Board. The Board shall approve or reject
requested pass-throughs within sixty (60) days from filing
therefor. In the event that the Board fails to do so, the
pass-through shall be deemed to be automatically approved.
(4) All Utility Customers shall be fully apprised as to
the increase or decrease in Rates resulting from approved
pass-throughs and such changes shall be noted on the Utility's
Customer bills.
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(5) lf, within twenty-four (24) months of an adjustment
in Rates as authorized by this subsection, the Board shall find
that a Utility did thereby exceed the range of its last authorized
rate of return, the Board may order the Utility to refund the
difference to its Customers.
B. Report Required Within Thirty (30) Days.
Within thirty (30) days after the effective date of this
Ordinance, each Utility shall file with the Board a report listing
all Rates, classifications, charges and Customer counts by class
of service, for service of every kind furnished by it, all
contracts involving contributions in aid of construction, advances
in aid of construction, main extension agreements, and all
Regulations of the Utility in force and effect.
C. Standards For Rate Review.
The Board shall, either upon application by a Utility or
upon its own motion, set Rates which are just, reasonable,
compensatory and not unfairly discriminatory based upon the
follow, lng:
(1) The Board shall consider the cost of providing the
water or sewerage service which shall include, but not be limited
to, reasonable allowance for operating expenses, including
operation and maintenance expenses, depreciation expense
(excluding depreciation on contributed property), other operating
expenses and taxes; and a fair rate of return on the Utility's
rate base. The term 'rate base' means the original cost of all
used and useful utility plant and intangible assets, either to the
first person who committed said plant or assets to public use or,
at the option of the Board, the first recorded book cost of said
plant or assets, less accumulated depreciation and amortization,
unrefunded customer advances or contributions in aid of
construction of utility plant, accumulated deferred and
unamortized income taxes and investment tax credits, plus
accumulated depreciation of customer advances and contributions in
aid of construction related to plant, plus a reasonable allowance
for material and supplies and investor-supplied cash working
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capital, any other element of property which in the judgment of
the Board is necessary to the effective operation of the Utility.
(2) The Board may also consider the Utility's original
investment in property required by the County, State or Federal
Government which will be comDleted within twelve (12) months,
provided the Utility demonstrates its commitment and ability to
complete within twelve (12) months. The twelve (12) month period
shall commence on the first day following the end of the test
period selected for the purpose of determining Rates.
D. Filing Procedure for Rate and Regulation Review
No application to establish or change any Rate or Regulation
shall bo.considered by the Board unless and until such application
includes evidence that the Utility has all required governmental
permits, together with a statement sworn to by an officer of the
Utility as to any known deficiencies or limitations regarding the
Utility's operations.
Any Utility desiring to establish or change any Rate or
Regulation shall file with the Board a written application showing
the Rates and Regulations proposed and a written explanation of
the reasons for and the reasonableness Of the proposed Rates and
Regulations. In submitting such application for a change in Rates
the Utility shall also file ten copies of a report containing the
following information, which shall be from a twelve-month test
period ending no later than one hundred twenty (120) days prior to
submission of the application:
(1) Customer count by class of service; and a
calculation of revenue by class of service at existing and
proposed rates.
(2) The most recent financial statements available at
the time of the rate application, the accuracy of which is sworn
to by the Financial Officer of the Utility, including the
following items:
(a) a statement of income for the most recent
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twelve month period showing revenues segregated by class
of service, expenses by type, and net income~
(b) a balance sheet as of the financial statement
date~
(c) a narrative discussion of the financial
results, setting forth any unusual items of revenue
and/or expense for the financial statement period.
(d) a copy of the most recent personal property
return.
(3) A detailed statement of income for the test period
showing operating revenues by class of service, operating expenses
by type, including taxes, and resultant net operating income, both
under present and proposed Rates. Ail adjustments must be shown
and explained in detail.
(4) A detailed calculation of rate base in accordance
with Section 3C, along with supporting schedules which explain the
basis upon which the rate base elements were determined.
(5) A schedule showing the total capital employed,
including debt (both short- and long-term), preferred stock, and
common equity, showing separately the cost assigned to each type
of capital, including common equity. Also provide supporting
schedules showing the derivation of the cost rates assigned to
each type of capital.
(6) Any contracts involving contributions in aid of
construction not previously filed with the Board.
If deemed reasonably necessary, the Board may require
additional statements and schedules.
E. Filing Fee, and Processing Fee and Procedures.
Any Utility filing an application pursuant to this
Ordinance shall be responsible for the reasonable costs incurred
by the County in processing such application, including any
appeals to the Commission or to the Courts.
(1) Any Utility filing an application to establish or
change any Rate or Regulation shall pay to the Collier County
OAT ,c :t28
Utility Division a Four Hundred Dollar ($400) non-refundable
filing fee to cover the costs of advertising the public hearing.
(2) Upon receipt of the filing fee and required
information and within thirty (30) days thereafter, the Board
shall present to the Utility an estimate of the amount of the
processing fee to cover the costs of consulting services for the
review of the application and to prepare a recommendation on the
Utility's application. Receipt by the County Utility Division of
payment of the estimated processing fee shall initiate the Rate
review process with said date being the "official date of filing".
Within one hundred eighty (180) days of the official date of
filing, the Board shall initiate public hearings on the Utility's
application. The Board shall render a decision on the Utility
Rates within eight months from the official date of filing. In
the event that the Board fails to act within said period the Rate
as requested by the Utility shall be the lawful Rates of the
Utility until changed by the Board. All costs incurred by the
Board in review of Rate change requests shall be considered Rate
case expense and passed on to the Utility Customers.
(3) In the event that the costs incurred in processing
the application for establishment or change in Rates or
Regulations exceed the estimated processing fee, the Board shall
withhold issuing its final order until payment is received for
these additional costs from the Utility, and in the event that the
Utility fails to pay such additional costs within thirty (30) days
after notice in writing, said costs shall constitute a lien upon
the real and personal property of the Utility enforceable by the
Board as a lien under the Florida Statutes; if the actual cost of
processing the Utility's application is less than the estimated
cost prepaid by the Utility, the difference shall be refunded to
the Utility.
F. Emergency Rate Relief.
The Board may, during any proceeding for a change in Rates,
after published notice and public hearing, upon its own motion,
upon petition from any party, or by petition of the Utility,
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approve the collection of interim Rates until the final order has
been issued. Any request for emergency Rate relief must be based
upon the same test period used in the request for permanent Rate
relief.
(1) To establish a prima facie entitlement for
emergency Rate relief, the Utility shall demonstrate that under
its present Rate structure, it has insufficient cash flow to meet
its current reasonable and Justified operating expenses and debt
service requirements, including preferred stock dividends. Debt
service includes both interest and principal requirements. The
Board may, in addition, approve emergency Rate relief prior to a
final Rate review in order to enable the Utility to earn a rate of
return not to exceed the rate of return last approved by the
Board.
(2) In a proceeding for emergency Rate relief, the
Board shall approve, disapprove or modify within ninety (90) days
of the filing for such relief.
(3) The Board shall determine what portion of the
increase in revenues collected by the Utility pursuant to
emergency Rate relief is necessary to enable the Utility to meet
its current reasonable and justified operating expenses and debt
service requirements. The Utility shall be permitted to make full
use of those revenues pending final Rate review. The Board shall
require the Utility to provide adequate surety to protect the
Customers in the event that it is determined that the approved
emergency Rate increase is less than the final Rate approved by
the Board after hearing. In such event the Utility shall refund
to its Customers any excess in revenues collected.
(4) The Board shall determine what portion, if any, of
the emergency Rate increase is in excess of revenues necessary for
the Utility to meet its current reasonable and justified operating
expenses and debt service requirements. Such excess revenues
shall be collected by the Utility and deposited in an account held
by the County, subject to refund by the Utility with interest at a
rate earned by the funds, in the event that the Board determines
that such revenues should be refunded after final Rate review.
However, the Utility may elect to provide a corporate bond
sufficient in amount to provide funds for reimbursement to the
Utility's Customers in the event that the permanent Rate approved
by the Board is less than the interim Rate collected.
G. Notice of Hearing.
A notice of any hearing, pursuant to this Ordinance,
containinq the name of the applicant and the general nature of the
proposed change shall be served by regular mail on the affected
Utility two weeks before the date of the hearing and shall be
published by the County in a newspaper of general circulation in
the County once a week for two weeks consecutively before the date
of the hearing. The affected Utility shall serve a similar notice
by regular mail to each of its customers at least two weeks before
the date of any hearing pursuant to this Ordinance.
H. Review of Final Actions and Orders.
Once the Board has rendered a written decision, affected
parties may petition for rehearing within 15 days of issuance of
said written order. No action or order of the Board shall be
considered final until expiration of the time period for
petitioning for rehearing. The Board shall consider petitions for
rehearinq and shall render final orders within 30 days from the
filing of petitions for rehearing. The purpose of applications
for rehearing is to bring to the attention of the Board evidence
not previously considered by the Board.
Any Utility, or any party or person affected, who is
dissatisfied or aggrieved by any final action or final order of
the Board may have such final action or order reviewed by the
Commission by filing a petition for review within fifteen (15)
days of issuance of the final order of the Board. The Commission
shall only consider the record of the proceedings before the Board
and the legal arguments of the affected Utility, any intervenors,
and of Staff. Any Utility, or any party or person affected, who
is dissatisfied or aggrieved by any final order of the Commission
may appeal, pursuant to the Florida Rules of Civil Procedure, to
the Circuit Court by filing a Petition for a Writ of Certiorari.
SECTION 4. ANNUAL REGULATORY FEE AND FINANCIAL REPORT
Each Utility shall pay to Collier County a regulatory fee in
the amount of two percent (2%) of its gross operating revenues to
pay for the ongoing costs of supervising and regulating Utilities
in the County and enforcing and administering this Ordinance. The
gross revenues for the Utility's current fiscal year shall be used
in determining the amount of such fee, except that revenues
derived from the wholesale of water or sewerage service to another
unrelated Utility and revenues derived from the retail sale of
water or sewerage service to governmental agencies shall not be
included in determining the amount of such fee. The two percent
(2%) regulatory fee may be passed on to the Utility's Customers if
the Utility so desires.
Any Utility which derives fifty percent (50%) or more of its
revenues from the unincorporated area of the County, and which is
subject to the provisions of this Ordinance as they relate to the
Rates charged in the unincorporated areas, shall pay the two
percent (2%) annual regulatory fee as provided heroin. The fee
shall be two percent (2%) of the gross revenues received from the
Utility Customers residing in the unincorporated area of the
County.
A. Payment Schedule.
This fee shall be paid in four (4) installments, within
fifteen (15) days of the end of each quarter of the Utility's
current fiscal year. At such time the Utility shall file with the
Board a statement sworn to by the Financial Officer of the
Utility, of gross receipts for that quarter. This fee shall become
due and payable after the first complete fiscal quarter after the
effective date of this Ordinance and shall remain in effect for
all subsequent fiscal quarters.
B. Annual Report.
The total amount of the annual fee shall be determined
based on the gross receipts for water and sewerage service
revenues ,~s es~aDlls~e~ ~n an annual ~nanc~al report sworn ~o Dy
the Financial Officer of the Utility, which report shall be
provided on forms provided by the County, and which must be
submitted within one hundred and twenty (120) days after the end
of the Utility's fiscal year.
C. Adjustments.
Any adjustments in the total fee due for the year being
reported shall be paid with submission of the annual report.
Where the annual report shows that overpayments have been made by
the Utility, a credit for the amount of the overpayment shall be
issued by the County for the next fiscal year.
D. Previously Collected Regulatory Fees
All fees due and payable to the County Utilities Division
under the provisions of Ordinance 82-71 for the supervision and
regulation of Water and Sewerage Systems must be refunded to the
Customers and or users of those Systems not covered under this
Ordinance. In the event that any Utilities, subject to the
provisions of this Ordinance, have collected fees pursuant to
Ordinance 82-71, then in such event those fees shall be utilized
by the Board to offset the cost of Rate reviews of such Utilities.
SECTION 5. ENFORCEMENT AND PENALTIES.
If any Utility, by any officer, agent or employee, or any
other person, knowingly refuses to comply with, or willfully
violates an~. provision of this Ordinance or any lawful rule or
order of the Board or Commission, such Utility, officer, agent or
employee, or other person shall be guilty of a misdemeanor, and
upon conviction for such offense, shall be punished by a fine not
to exceed Five Hundred Dollars ($500.00) or by imprisonment not to
exceed sixty (60) days in the county jail, or both, in the
discretion of the court. Each day of continued non-compliance or
violation shall be considered as a separate offense. In addition,
any Utility officer, agent, or employee, or other person convicted
under the provisions of this Ordinance shall pay all costs and
expenses involved in the case.
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Nothing herein contained shall prevent the County from taking
such other lawful action in any court of competent Jurisdiction as
is necessary to prevent or remedy any refusal to comply with, or
violation of, this Ordinance or any lawful rule or order of the
Board or Commission. Such other lawful action shall include, but
shall not be limited to, an equitable action for injunctive relief
or an action at law for damages.
SECTION 6. REPEAL OF ORDINANCE NO. 82-71.
Ordinance No. 82-71 is hereby repealed.
SECTION 7. CONFLICT AND SEVERABILITY.
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 8. EFFECTIVE DATE.
This Ordinance shall become effective when 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 19th
day of April , 1983.
ATTEST: ,"'.. , .'
· %4ILLIAM ~..-~EAGA~,/Clerk
BOARD OF COUNTY CO~.D~ISSIONERS
COLLIER COUNTY, FLORIDA
~J ;'b\RY-F~%ANCES KRUSE, ~airman--
Approved as to form and
suf~iency: //
Collier County Attorney
This ordinance filed with the Secretary of State's office the 25th day of
April, 1983 and ackncwled~of that filing recei~=d this 28th day'of
April, 1983. ~ ~. ,~
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, WILLIA~ J. REAGAN, Clerk o~ Courts in and for the
Twentieth Juoicial Circuit, Collier County, Florida, do
hereby certi£y that the £oreooing is a true and correct
original of:
ORDINANCE NO. ~3-1R
which was adopted by the Poard of County Commissioners on the
19%h oay or April, !9°3 oUr!hq Reqular Session.
WITNESS my harm and the of£icial seal o£ the Board of
County Commissioners o£ Collier County, Florida, this 2ffth
oay o£ April 1993.
Clerk or Courts and Clerk
Ex-o£'fic!o to Board of
Countv ~.Qmmis~ioner~'" ','.. .......
vtrqt~,~ ~agrl : ~' .-
Deput~ Clerk ~ '. {.
,oo 0i7 185