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Ordinance 75-20610 ORDINANCE NO. 75-20 AN ORDINANCE REGULATING THE INSTALLATION OF ANY WATER DISTRIBUTION AND WASTEWATER COLLECTION SYSTEM OR PART THEREOF WITHIN A/~Y PUBLIC RIGHT- OF-WAY OR EASEMENT BY REQUIRING THE INSTALLER THEREOF TO FIRST REQUEST INSTALLATION BY COLLIER COUNTY WITH THE OWNERSHIP THERETO VESTING IN THE PUBLIC TO BE SERVED THEREWITH, AND REQUIRING ISSUE OF A PERMIT; PROVIDING EXCEPTIONS; PROVIDING A PENALTY; PROVIDING SEVERANCE AND CONSTRUCTION CLAUSES AND PROVIDING AN EFFECTIVE DATE. %~EREAS, high quality water and sewer facilities and services are essential to the public health, safety, welfare and convenience, and ~EREAS, due to the expense of financing, prior to furnishing water or sewer service it is a common commercial practice for public utilities to require a home owner to pay the public utility a connection charge or other advance- ment for the purchase of water and sewer lines, and ~EREAS, these lines paid for by the home owner then become property of the public utility, and ~{EREAS, Florida Law authorizes the public utility to capitalize the value of these lines as the utility's invest- ment, and ~K{EREAS, Florida Law also authorizes public utilities to charge the home owner a fair return of approximately twelve percent (12%) on capitalized investment, including these lines paid for by the home owner, and ~EREAS, if the public purchased the public utility ~ the home owner may be required to pay the public utility ~ replacement cost of the lines he donated, less depreclatio~ ?~tEREAS, an alternative method to finance and vest ~ ownership of water and sewer lines in the Board of County Comm- issioners of Collier County, Florida as the Ex Officio governing board of the particular district to be held in the public trust convenience. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COS~ISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: 1. Legislative Intent for Public Financing of and Title to Water and Sewer Lines. It is the purpose of this Ordinance to provide an alterna- tive method of financing essential public water and sewer lines and to vest title and ownership of these water and sewer lines in the Board of County Commissioners as the Ex Officio governing board of the particular district 6o be held in trus~ for the benefit of the citizens and residents served by such lines. 2. Definition of Words used in this Ordinance. a. Person shall mean an individual, firm, association, corporation or municipal corporation. b. Water distribution system. All facilities neces- sary, useful or connected with the distribution of potable water for domestic or industrial use for twenty-five (25) or more persons. It shall include,without limiting the foregoing, all mains, lines, storage tanks, valves, fire hydrants, booster pumps, water services, main line metersI attendant facilities and pipes for the purpose of carrying water to the premises connected with such system and shall include all real and personal property and all interests therein, rights and easements of any nature whatever relating to the subject distribution system and necessary o~ con- venient for the operation of maintenance thereof. c. Sewage collection system. All facilities neces- sary or having the present capacity for future use in connection with the collection of sewage from twenty- five (25) or more persons and/or conveyance of same to the wastewater treatment plant for treatment and sub- sequent disposal. Sewage collection system shall include, without limiting the generality of the foregoing, all pumping stations, lift stations, valves, force mains, inter- cepting sewers, pressure lines, mains and all necessary appurtenances, attendant facilities and equipment, all sewer mains, manholes and services for the reception and collection of sewage from premises connected therewith and shall include all real and personal property and any interests therein, and easements of any kind whatsoever relating to any such system and necessary or convenient for the operation thereof. 3. Unlawful to install water or sewer systems in public right-of-way without a permit. a. It is and shall be unlawful for any person to install or cause to be installed any water distribution or sewage co].lection system lines within the public rights-of-way of the unincorporated area of Collier County, Florida without first obtaining a permit as required by, and complying with the provisions of this Ordinance. b. The Board of County Commissioners of Collier County and the Board of County Commissioners acting as the Ex-Officio governing board of a water-sewer or oth~f district shall have the exclusive right to construct and install water distribution and sewer collection systems, portions thereof or extensions thereto, within the public rights-of-way, areas dedicated to the public, and public easements within t~e u[~ncorporated area of Collier County except as expressly authorized by a valid provision of an enforceable franchise or agreement with the Board of County Commissioners of Collier County, Florida or such Board acting as Ex-Officio governing Board of a parti- cular water-sewer or other district. c. Any person prior to installing or having installed any portion of a water distribution or sewer collection system as described in Paragraph 3.a. hereinabove shall first petition the Board of County Commissioners, as Ex-Officio governing Board of the district, during a regularly scheduled public meeting describing the proposed service area and the type of service requested. 4. The County Manager shall, after approval of the . request by the Board of County Commissioners, cause such water distribution or sewer collection system to be installed by the assessment method in accordance with law and cause title and ownership of the systems so installed to be vested in the Board of County Commissioners of Collier County and the Board of County Commissioners acting as the Ex-Officio governing board of a water sewer or other district. Failure of such Board to take action within (60) days to cause installation of water or sewer lines by the.assessment method shall be considered a refusal by the Board to invoke the provisions of this Ordinance. SECTION TWO: 1. Penalties. If any public utility, or any officer, agent, representative or employee thereof, shall knowingly fail to refuse to obey or comply with, or wilfully violate, any provisions of this Ordinance or any lawful rule or regula- tion promulgated hereunder, or any lawful order of the County issued or rendered under and pursuant to the provisions of this Ordinance, such public utility, or its officers, agents, representatives cr employees, upon conviction of 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. 2. Construction and Severance. a. Nothing contained in this Ordinance shall be construed as authorizing the impairment or breach of any bona fide contractual arrangements entered into in good faith by a public utility prior to the effective date of these regulations. Nor shall the provisions of these regulations be construed to impair or defeat the rights of any holders of revenue bonds, trust identures, mortgages, or other instruments evidencing indebtedness of a public utility issued or given in good faith p~ior to the effec- tive date hereof to receive payment of such financial obligations in accordance with the terms thereof. The County Co~i~sion in the exercise of its ,regulatory powers in respect to the rates and charges and other contractual agreements of public utilities as herein defined shall take into consideration and give full force and effect to such lawful instruments created and existing prior to effective date of these regulations. b. The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of the public health, safety, welfare and .convenience. c. If any phrase or portion of this Ordinance is for any reason 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. 3. Effective Date. This Ordinance shall take effect upon receipt of notice that it has been filed with the Secretary of State. Dated: /~ ~ ~2 /~-' BOARD OF COUNTY COM~ISSIONERS -? '~U~RGARET T. SCOTT / THomas P. Arch~[ ~.l~rk of Circuit C~r~ //~.. ~ ~ ~:~. ~,/~>, Chairman  ~ C~erk ' Approved as to form and legality: David Emerson Brunor "'~," ~,'~,, ', Collier County Attorney