Ordinance 82-038 ORDINANCE NO. 82- 38
RESOLUTION NO. GW 82-1
AN ORDINANCE AND RESOLUTION ADOPTING RATES, CHARGES AND
FEES FOR CONNECTION TO AND USE OF GOODLAND WATER DISTRICT
SERVICES; PROVIDING DEFINITIONS; PROVIDING FOR CUSTOMER'S
LIABILITY; ADOPTING A USER RATE STRUCTURE; RESUMPTION OF
DISCONTINUED SERVICE; PROVIDING FOR DEPOSITS PRIOR TO
INSTALLATION OF METERS; DESCRIBING PROPERTY OWNER'S'RES-
PONSIBILITY FOR WATER SERVICE: REQUIRING COLLECTION OF
WATER UTILITY BILLS: DISCONTINUANCE OF SERVICE: SETTING
FCRTH PROCEDURES TO REGISTER COMPLAINTS CONCERNING WATER
BILLS AND DEFECTIVE METERS; REQUIRING PAYMENTS WHEN METERS
BECOME DEFECTIVE~ AUTHORIZING RIGHT OF ENTRY BY AUTHORIZED
AGENTS TO PREMISES SERVED: ADOPTING PROCEDURES FOR CLOSING
INACTIVE ACCOUNTS: PROVIDING CHARGES FOR HYDRANT SERVICE;
PROVIDING FOR REPEAL OF ORDINANCES NO. 77-44 AND 79-3~
PROVIDING FOR CONFLICT AND SEVERABILITY: PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Collier County and Goodland Water District have constructed
a water utility system in the Goodland Area, and
WHEREAS, the County and District desire that the water utility system
be operated in an efficient, business-like and economical manner, and
WHEREAS, to assure the economic and financial well-being of the
utility system, adequate ra';es and feeu must be charged for water an'd
facilities provided by the utility system, to compensate for all costs
rcquried to operate the system and provide the water services and
facilities.
NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners
of Collier County and resolved by the Board of County Commissioners of
Collier County, Ex-Officio the Governing Board of the Goodland Water
District, Florida:
SECTION ONE: DEFINITIONS
For the purpose of this Ordinance and Resolution, the~foll.~tn~ords., .
and phrases shall have the meanings respectively ascribed
follows:
A. County: COllier County, Florida or the Goodland Water District
as appropri .a~e.
B~ .. Cdstomer: Applicant for service, whose name appears on Utility
Division records.
C. Distrtc~: Goodland Water District.
D. Equivalent Unit: A living accommodation for a single-family,
whether a single-family residence or a residence in a multi-family
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building or facilities using equivalent water consumption to
a living unit.
E. Fish House: A business establishment dealing in the whole-
sale or retail trades of selling fish.
F. Governing Board: The Board of ~dunty Commissioners acting
as the Ex-Officio Board of the Goodland Water District.
G. ~iving Unit: Any place of abode which is suitable for perma-
nent or transient family or individual residential use. Each such
living unit shall be considered as single and separate for the
purpose of this section.
H. Marinas: A business establishment dealing in the wholesale
or retail trades or services for boats, yachts, small crafts, etc.
I. Motel: Business establishment providing lodging to the public.
J. Multi-family Residence: Ail places of dwelling other than a
single-family residence and duplex having three (3) or more living
units.
K. Owner: Property Owner of Record.
L. Residential: A dwelling place for single-family, multi-family,
etc.
M. Restaurant: A business establishment providing food and beverage
se=vices to the public.
N. Retail Store.: A business establishment providing the sale of
goods and services to consumers.
O. Si~91e-family Residence: The term single-family residence is
defined as any single-family dwelling and is interchangeable with
the word household. Where both a single-family residence and a
guest house occupy the same premise, each of them would constitute
a separate living unit. In the case of a duplex, each unit shall
be regarded as a single-family dwelling.
P. Tapping Charpe: A set charge to cover cost of meter, material
and labor.
SECTION TWO: CONNECTIONS WITH WATERWORKS SYSTEM
Where water mains of the District are available, the owner of every
lot or parcel of land within the Goodland Water District shall connect,
or cause the plumbing of any building or buildings thereon to be connected,
with the waterworks system of the District, and use the facilities of
such water system. All such connections shall be made in accordance with
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rules and regulations which shall be adopted from time to time by the
Board of County Commissioners of Collier County, charges for making any
such connections shall include the cost of materials, labor, equipment
and administrative charges incurred by the District in making such ~onnec-
tion | provided, however, that this Ordinance shall not be construed to
entitle any person to cross the private property of another to make such
water connections.
SECTION THREE: METER TAPPING CHARGES
Connections from the water mains to individual existing structures
were made during construction o~ the Water System. In ~ecognition of
this, the.meter tapping charges are:
A. For structures existing 6r permitted for construction as of
April 1, 1982, for which connection to the District's water mains
were made, the charges shall be as follows:
Meter Meter
Size Tapping Charge
5/8" $ 65
3/4" $ 75
1" $105
1½" $365
2" $500
B. For structures permitted for construction after April 1, 1982,
for which connection to District's water main do not exist, the'
charges shall be as follows:
Meter Meter
Size Tapping Charge
5,'&" $200
3/4" $220
1" $270
1½" $365
2" $500
C. For meters larger than two (2) inches, the tapping charge shall
be based on the cost of the meter. The materials and labor costs
for the installation shall be paid by the developer or property owner
at no-_expense to the County ....
~'D. Meter tapping charges are based on work being done in locations
~_.where soil_conditions, ground water levels and accessibility are
all those normally encountered throughout the Goodland Water ~District
' ~ and which require no special or extraordinary amounts or type of
CiD ' labor, 'equipment and materials to accomplish the installation....At
~ those locations where unusual soil conditions or abnormal ground water
levels and conditions or severe accessibility restrictions are en-
countered, the charge for installation of a meter shall bo based on
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the cost of labor, materials, equipment and administrative charges
resulting from such installation.
£. Ali water meters wiii be furnished by the District and shall
remain the property of the District.
F. Meters must be left accessible to County or District employees
at ail times.
.G. When.any customer, who has a water meter, makes application to
.... the Utility Dtvisio~ for the installation of a larger meter to re-
pi'ace his smaller meter, he shall be gtv~h'~redi~ f~r the tapping
charges paid on the small meter ~n accords;ce w~th the above schedule.
There shall be no refunds or credits given to any customer requesting
a smaller meter.
SECTION FOUR: CUSTOMER'S LIABILITY FOR DAMAGE TO'EQUIPMENT
The customer is liable to the District for. any damage done to the equip-
ment used, in his service, except damage done by. Di;trict employees.
SECTION FIVE: RATES
A. The rates for service shall be as set forth herein.
Said rates
are hereby found to be fair and equitable and may be changed by ordi-
nance amending the rate schedule.-
B. Rates charged by the County Utility Division for water furnished
to customers within the Goodland Water District shall be as follows:
U~ER CLASSIFICATION
~e~idential, Mnblle Homes, Travel
Trailer Spaces, etc.
Minimum charge for 0-1,000 gals usage
Water Usage in e~'cess of 1,000 gals~mo~
unit
Motels (billing based on total
number of sleeping units)
Minimum charge for 0-400 gals usage
.MONTHLY CHARGE
$9.25/unit
-·$1.40/1,000 gallons or
part thereof
$3.65/sleeping unit
Water Usage in excess of 400 gals/sleep- $1.40/1,000 gallons or
ina unit/mo. ~-~..- -- ~ ...... r.part thereof --,--~-
Restaurants (bil~ng based on total
number of seats).
Minimum charge for 0-150 gala usage ....
Water Usage in excess of 150 g~ls/seat/:-... :. $1.40/1,000:gallons:or
mo. part thereof
Marinas
Minimum charge for 0-12,000 gala usage
-$109/marina .......
Water Usage in excess of 12,000 gals/mo. $1.40/1,000 gallons or
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Fish Houses
Minimum charge for 0-20,000 gala usage/mo.
Water Usage in excess of 20,000 gals/mo.
$182/fish house
$1.40/1,000 gallons
or part thereof
Retail Stores
Minimum charge for 0-1,400 gals usage/mo.
Water Usage in excess of 1,400 gals/mo.
SECTION SiX: DEPOSITS
$12.70/store
$1.40/1,000 gallons
or part thereof
A. Ail persona requiring water connections with the water mains of
the District shall, upon making application therefore, depoait with the
District a deposit as followa:
5/8" x 3/4" service ........... $ 20.00
3/4" service .............. 20.00
1" ~.er vice .......... . ...... 40.00
1~" service ............... 40.00
1½" service ............... 40.00
2" service ................ 40.00
3" 4", 6" 8", 10" 12" service 100.00
Construction service blanket depos t. . 50.00
Fire hydrant aervice ........... 75.00
B. Application for water service must be made to the County Utility
Division and the above minimum guarantee payment of depoait shall be
required upon application. In the event that a cuatomer is disconnected
for failure to pay any water bill on a timely basis and the deposit is'
found to be inadequate to cover the outstanding balance due the County,
the Utility Manager £hall: 1) require payment in f~ll of all balances
outstanding, and 2) require d new deposit in the maximum amount equal
to the estimated cost of three months consumption prior to reconnecting
the customer.
C. Deposits shall be refunded upon final reading and discontinuance
of service from the Goodland Water System. The District reserves the right
to deduct final billing or any accrued indebtedness from said deposit,
and the balance, if any, shall be refunded to the depositor. Each
residence or place of business shall be considered a separate service
and a deposit shall be required for 'each separate service.
SECTION SEVEN: UNLAWFUL CONNECTION
No person shall be allowed to connect into the waterworks system
without the written consent of the District, and then the connection with
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such system shall only be made under the direction and supervision of
the District. Any property owner or plumber who shall make any connec-
tion without such consent of the District sh~ll, upon conviction, be
subject to the penalties hereinafter provided.
SECTION EIGHT: CONNECTING OLD PLUMBING
Whenever it is desirable to connect existing plumbing with the
waterworks system, the owner or plumber contemplating doing such work~
shall notify the Collier County Building Department Inspector who will
inspect said plumbing and notify the owner or plumber what alterations
will be necessary to place said plumbing in an acceptable condition for
connection with the waterworks system. Any owner or plumber who shall '
make any connection without the approval of the Collier County Building
Department Inspector shall, upon conviction be subject to the penalties
hereinafter provided.
SECTION NINE: MAINTENANCE OF PLUMBING
The owner of the property shall be responsible for maintaining all
plumbing on such property and the pipe leading and connection from the
waterworks system distribution lines.
SECTION TEN: P~¥:.;£NT OF FEES AND BILLS REQUIRED
Bills for th~ monthly charges and fees hereinbefore mentioned shall
be submitted by the District and shall be paid by the users monthly. If
any monthly bill for water service shall be and remain unpaid on and
after 10 days from the date of submission of said bill for such service,
a penalty of ten percent of said bill shall be imposed and k~ added to
said bill; and, if said bill shall continue and remain due and unpaid
for a period of 30 days from the date of submission of such bill, the
water service to the consumer shall be discontinued and shall not be
reconnected until all past due charges have been fully paid, together
with a reconnection charge of $35.00.
SECTION ELEVEN: OWNER'S RESPONSIBILITY FOR WATER SERVICE; BAD DEBTS
A. The owner of property is responsible for all water service to
property. In th~ ovent service is discontinued for non-payment, service
will be restored only after customer has fully complied with provisions
of this Ordinance and Resolution. The owner of property under construc-
tion must notify the Utility Division that contractor is responsible for
water bills, while construction is in progress.
B. Bad debts will be taken off the books and the name and amount
due filed in $ bad debt file. In the event water service is requested
in the future, this back debt must be paid before water service will be
furnished.
SECTION TWELVE: NO FREE SERVICE
No water shall be furnished free of charge to any person, firm
or corporation whatsoever, and the District, and each and every political
subdivision, municipality, agency, department or instrumentality which
uses the waterworks system shall pay therefore at the rates fixed by
this Ordinance.
SECTION THIRTEEN: SYSTEM TO BE FULLY METERED WITH SEPARATE CONNECTIONS
FOR EACH SEPARATE UNIT
Each lot or building site shall be considered a separate unit for the
payment of the water fees herein established, and separate connections
will be required for each of such units. Every connection shall be
separately metered.
SECTION FOURTEEN: PAYMENT WHEN METER BECOMES DEFECTIVE;RIGHT OF ENTRY
OF AUTHORIZED AGENTS OR EMPLOYEES
A. Should the meter on any premises become defective, so that the
amount delivered for the current month cannot be ascertained, the cus-
tomer or occupant'of the premises shall pay for that month of amount equal
to the average amount charged for the four (4) months preceding.
B. Duly authorized agents and employees shall,during daylight hours,
or if called out after dark for emergency service,,have free access to
any premises for the purpose of examining the condition of fixtures, service
pipe installation and such other purposes as may be proper to protect
the interests of the District or rea'ding or repairing the water meters
located thereon, or turning the aupply of such water to the premises off
or on.
SECTION FIFTEEN: WATER BILL COMPLAINTS
No high water bill complaints shall be accepted for investigation
by the Utility Division unless all plumbing fixtures, piping and outlets
have been examined by a licensed plumber who has certifed that there are
no leaks. If an investigation is made by the water department and the
findings reveal the initial meter reading was accurate and the meter is
functioning properly, a re-read charge of five dollars ($5.00) will be
'sssessed the complaintant.
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SECTION S~X?EEN~ ~^CH R~SIDENCE AND PbACE OF ~US~NESS CONSIDERED
SEPARATE SERVICE
Every separate residence ~sing District.water shall be considered
a separate service and shall be charged not less than the minimum charge.
SECTION SEVENTEEN: METERS, LOCATION AND CHARGE FOR MOVING
Meters shall be placed Just within the property line at the nearest
point to the tap-in main. If moved at the request of the property owner,
a charge of cost plus ten percent shall be made for the expense of moving.
SECTION EIGHTEEN: INACTIVE ACCOUNTSI NOTICEI FORFEITURE OF DEPOSIT
The Utility Manager shall' certify to the Governing Board a list of
all water accounts that are not delinquent but which are inactive and
have been inactive for a period of.not more than six (6) months and have
remained inactive for an additional period of thirty (30) days after
written notice has been served upon the person or persons, or firms, in
whose name Bald account is kept to the effect that unless they write or
telephone, or appear in person at the County Utility Division and request
a. closing out of their account andta return to them of the balance of
their deposit, their account will be closed and whatever deposit remains
will be forfeited to the District. Therefore, no depositor shall have any
rights or claim to such deposit after forfeiting of any deposit balance
t~ the District.
It is the express intent of this Section that such deposit shall not
be forfeited to the District until a period of thirty ('30) days has elapsed
from the date the written notice was sent to the last name and last
address on the particular account; however, the fact that such written
llotice is never received by that particular person or persons, or firm,
because of th3 fact that they may have moved or the insufficiency of
the address that they furnished or any other person shall be of no impor-
tance and the District shall still be entitled to declare a forfeiture of
their deposit provided the written notice was actually mailed to the last
name and address given on the account.
SECTION NINETEEN: HYDRANT SERVICE '
A. Fire hydrant rentals which are connected to the Goodland
Water Utility System shall be ten dollars ($10.00) per year per hydrant
installed. When water is sold direct from hydrant, the minimum charge
shall be ten dollars ($10.00) per ten thousand (10,000) gallons or
all above, at one dollar ($1.00) per thousand (1,000) gallons.
B, Charges for fire line or fire sprinkler service in buildings
connected to the ~oodland Water Utility System shall be ten dollars
($10.00) per year.
C. Application for fire hydrant installation shall be filed with
the County Utility Division.. The applicant shall execute an agreement
agreeing to pay all costs for installation of the hydrant. The applicant
shall furnish a letter of approval from the appropriate fire department
or district approving the location and agreeing to accept ownership and
responsibility for maintenance of the hydrant. The hydrant shall be
installed in accordance with County specifications. The Goodland
Water District shall be responsible for maintenance of the hydrant
valve and shall retain ownership of said valve. The use of water from
the hydrant by the fire department or district shall be limited to thos~
uses. relating to fire department operations.
SECTION TWENTY: PENALTIES
Any person, firm corporation violating the provisions of this
Ordinance shall, upon conviction thereof, for each such offense, be sub-
Ject to a fine of not to exceed three hundred ($300) dollars or by
imprisonment for not to exceed ninety (90) days, or by both such fine and
imprisonment in the discretion of the County.
SECTION TWENTY-ONE: REPEAL OF PREVIOUS ORDINANCES
Ordinance No. 77-44 and Ordinance No. 79-3, are hereby repealed.
SECTION TWENTY-TWO: CONFLICT AND SEVERABILITY
In the event this Ordinance and Resolution conflicts with any other
ordinance of Collier County or the District other applicable law, the more
restrictive shall apply. If any phrase or portion of this Ordinance and
Resolution is held invalid or unconstitutional by any court of competent
Jursidiction, such portion shall be deemed a separate, distinct and inde-
pendent provision and such holding shall not affect the validity of the
remaining portion.
SECTION TWENTY-THREE: EFFECTIVE DATE
This Ordinance and Resolution shall become effective upon receipt of
notice from the Secretary of State that this Ordinance and Resolution has
been filed with the Secretary of Sate.
Passed and adopted by the Board of County Commissioners of Collier
.County, Florida, at its regular meeting held on 25th day of May
015
ATTEST:
WILLIAM J. REACAN, C~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA AND
EX-OFFICIO THE OOVERNZNO BOARD
OF THE GOODLAND WATER DISTRICT
C. R. "RUSS" Wimer, Chairman'
Approved as to form and legal
sufficiency
Donald A. ~i~kworth
Collier County Attorney'
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collter County, Florida, do hereby certify that the
foregoing is a true original of:
ORDINANCE NO. 82-28/RESOLUTION GW 82-1
~,htch was adopted by the Board of County Commissioners during Regular
Session on May 25~ 1982.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, thts 25th day of May, 1982.
WILLIAM J. REAGAN" '.'UN,~/f~, .
Clerk of Curt$ and ClerkN''%''
Ex-officio to Board of~' '":"
County Commissioners o. ',". . ...,
~ ./.'~S . ,, [',-'
By: '' ' ' ~- " .... :'~"'"""
This ordinance f}]ed wfth the Secretary of State's Office
the 4th day of June, 1982 and acknowledgement of that
filing recefved thls 9th day of June, 1982.
D~puty Clerk
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