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Ordinance 78-09 ORDINANCE NO. 78- 9 AN ORDINANCE PROMULGATING RULES AND REGULATIONS FOR THE OPERATION OF COUNTY-OWNED UTILITY SYSTEMSt PROVIDING AN EFFECTIVE DATE. SECTION ONE. GENERAL INFORMATION: These rules and regulations are a part of all rate schedules, applications and contracts of the County, now existing or here- after entered into. In the absence of specific written agreement to the contrary, they apply without modifications or change to each and every customer to Whom the County renders service. In the event that any portion of these rules and regulations is declared unconstitutional or void for any reason by any Court of competent Jurisdiction, such decision shall in no way affect the validity of thc remaining portions of the rules and regulations. SECTION TWO. FREE SERVICE: The County will not render or cause to be rendered any free service of any nature by its facilities, nor will any preferen- tial rates be established for users of the same class. SECTION THREE. CONNECTION WITH UTILITY SYSTEMS: Whenever the same shall be available the owner of every lot or parcel of land shall connect with any water or sewer system operated by the County upon notification by the County to do so. All such connections shall be made in accordance with th~hle~ and regulations which shall be adopted from time to t~ County, which rules and regulations shall things, for a charse for ~king any such connections. ~ ~ '~ SECTION FOUR. SERVICE: ~ To obtain service, application must be made at the office of the C~nty. Ap~icattons are accepted by the County with the ~der~andi~t there is no obliEation on the part of the Co~t~to r~e~ service other than that which is then available ~ --O~ SECTI~ FIV~ °~PLICATION FOK SEKVICE: o ~e applicant shall fu~ish to the County the correct name, street address and leEal description at which service is to be lof6 rendered, at the time of the application for service. All connection fees as estab lished by the Board of County Co~amissioners shall be paid in full at the time of application for service. SECTION SIX. SIGNED APPLICATION NECESSARY: 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 accepted by the County will be furnished to the applicant. SECTION SEVEN. APPLICATION BY AGENT: Application for service requested by firms, partnerships, association, corporations and others, shall be tendered only by duly authorized parties. W~en 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 property shall not be construed to be an agent. SECTION EIGHT. BUILDING PERMITS: Where the water main is reasonably accessible to render service, no Collier County Building Permit ~y 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. SECTION NINE. WITHHOLDING SERVICE: The County may withhold or discontinue service rendered under application ~mde by any of the immediate family household, agent of an organization or business unless all prior indebtedness to the County of such family, household, organization or business for utility service has been settled in full. Service may be withheld for non-payment of bills or non-compliance with rules and regulations in connection with same or different class of 008 service furnished to the same consumer at the same premises, or for non-payment of bills for service by a previous occupant of the premises, provided such previous occupant will receive benefit from rendering or continuation of such service. SECTION TEN. LIMITATION OF USE: Service purchased from the County shall be used by the consumer only for the purposes specified in the application for service, and the consumer shall not sell or otherwise dispose.of such service supplied by'the County. Water service furnished to the customer shall be rendered directly to the consumer through the County's individual meter, and under no circumstances shall the consumer or consumer's agent or any other individual, associa- tion or corpora~ion install equipment for the purpose of dispos- ing of said water service. In no case shall a consumer, except with the written consent had and obtained from the County, extend his installation across a street, alley, lane, court, property line, avenue, or any other way, in order to furnish service for adjacent property, even though such adjacent property be owned by him. In such case of such unauthorized extension, sale or dis- position of service, customer's service will be subject to discontinuance until such unauthorized extension, sale or dis- position is discontinued and full payment is made of bills for service, caloulated on proper classification and rate schedules and reimbursements in full are made to the County for all extra expenses incurred for clerical work, testing, and inspections. SECTION ELEVEN. CONTINUITY OF SERVICE: The County will at all times use reasonable diligence to provide continuous service, and having used reasonable diligence shall not be liable to the customer for failure or interruption of continuous water service. The County shall not be liable for any act or omission caused directly or indirectly by strikes, labor troubles, accident, litigation, breakdowns, shutdowns for emergency repairs, or adjustment, acts of sabotage, enemies of the United States, wars, United States, state, municipal or other 008 3 of governmental interference, acts of God or' other causes beyond its control. SECTION TWELVE. TYPE AND MAINTENACE: The customer's pipes, apparatus and equipment shall be selected, installed, used and maintained in 'accordance with standard practice, conforming with rules and regulations of the County and in full compliance with all laws and governmental regulations applicable to same. The customer shall keep all pipes, valves, plumbing and fixtures in repair and promptly stop all leaks on his premises, and the County shall not be respon- sible for their maintenance and operation. The customer shall not utilize any appliance or device which is not properly con- structed, controlled, and protected, or which may adversely affect the utility service; and the County reserves the right to discontinue or withhold utility service to such apparatus or device. SECTION THIRTEEN. CHANGE OF CUSTOMER'S INSTALLATION: No change~ or increases in customer's installation, which will materially affect the proper operation of the pipes, mains, or other distribution or production facilities of the County shall be made without written consent of the County. The customer will be liable for any damage resulting from a violation of this rule. SECTION FOURTEEN. INSPECTION OF CUSTOMER'S INSTALLATION: All customer's utility service installations or changes shall be inspected upon completion by appropriate County Depart- ment having Jurisdiction to insure that customer's piping, equipment and devices have been installed in accordance with accepted standard practice and such governmental or other rules as may be in effect. Where Other governmental inspection is required by local rules or ordinances, the County shall not render utility service until such inspection has been made and approval from the inspecting authority has been granted. The County reserves the right to inspect customer's installation 4 of 6 prior to rendering utility services and from timu to time there- after, but assumes no responsibility whatsoever for any portion thereof. SECTION FIFTEEN. PROTECTION OF COUNTY PROPERTY: The customer shall properly protect the County's property on the customer's premises, and shall permit no one but the County's aEents, or persons authorized by law, to have access to the County's pipes and apparatus. In the event of any loss or damage to the County caused by or arisinE out of neglect of the customer, unless the customer shows that he has used reasonable diligence in the care of the property, the cost of making good such loss or repairfn§ such damaEe shall be paid by the customer. SECTION SIXTEEN. ACCESS TO PREMISES: The duly authorized agents of the County shall have access to the premises of the customer, at all reasonable hours, for the purpose of installing, maintaining and inspecting or removing County's property, reading meters, and other purposes incident to the performance under or termination of the County's agreement with the customer, and in such performance shall not be liable .for trespass. SECTION SEVENTEEN. RIGHTS-OF-WAY OR EASEMENTS: · Prior to raceiving service from the County, the customer shall grant or cause to be granted to the County without cost to the County, all rights, easements, permits, and privileges which in the County's opinion are necessary for the rendering of utility service. SECTION EIGHTEEN. UNAUTHORIZED CONNECTIONS: Connections to the County's utility system for any purpose whatsoever, are to be made only by employees of the County. Unauthorized connections render the service subject to immediate discontinuance without notice, and service will not be restored until such unauthorized connections have been removed and unless settlement is made in full for all service estimated by the County to have been used by reason of such unauthorized connection. 5of6 SECTION NINETEEN: ALL WATER THROUGH METER: That portion of the customer's installation for water service shall be so arranged that all water service shall pass through the meter. The customer will not install temporary pipes, nipples, spacers or any connection which may permit water to by- pass the meter or metering equipment. SECTION TWENTY: EFFECTIVE DATE. This Ordinance shall take effect upon becoming law. PASSED AND DULY ADOPTED ON THIS 21 .. WI I~A~ J w/REAGAN z/,Xrie rk ../ /) ',. ' h >. "..'_, ._ ' , ,. .,, >. ~'~ ~./,'.. , ~.~,. day of MARCH, 1978. BOARD OF COUNTY COMMISSIONERS COLLIER~NTY, FLORIDA ~/C.-R. "Rus~ Wim%fr' Chairman Approved as to form and legal Dona~l'd A. Pi6kworth Collier County Attorney STATE OF FLORIDA ) COUNTY OF COLLIER ) I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Sudiotal Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original of: Ordinance No. 78-9 which was adopted by the Board of County Commissioners during Regular Session March 21, 1978. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 23rd day of. March, 1978. WILLI~/4 J. REAGAN Clerk of Courts and Clerk"""~\5%l~.'- Ex-officio to Board of /~'L~..'.' ..... "" County Commissioners ~ "'.~.'"~<'.!'..,~,~; ; By Dep "'~'F .~ ~ '' ' ' ' ~ · This ordinance filed with the Secretary of State's office ',;~v,' the 28th day of March, 1978 and acknowledgment of that filing received this 31st day of March 1978. Depute'Clerk ~ Virginia Magri 6 of 6