Agenda 12/08/2015 Item #16A2012/8/2015 16.A.20.
EXECUTIVE SUMMARY
Recommendation to proceed with a feasibility study for a Stormwater Utility which would
evaluate an alternative dedicated funding source for ongoing and future stormwater
management related initiatives and operations. The study will not exceed $100,000 and will
be managed through project number 51144, Stormwater Feasibility and Preliminary
Design, Stormwater Capital Improvement Fund 325.
OBJECTIVE: To perform an analysis of the development of a stormwater utility as an alternate
dedicated funding source to provide an adequate stormwater and surface water management level
of service including existing and future development flood protection, stormwater runoff water
quality improvement prior to discharge into sensitive receiving waters, and natural area and
aquifer recharge protection.
CONSIDERATIONS: The Board of County Commissioners (Board) discussed initiating an
analysis of development of a Stormwater Utility during the November 3, 2015, Integrated Water
Resources Management Strategy Workshop. The purpose of a Stormwater Utility feasibility
study is to take a detailed look at all current and future stormwater and surface water
management needs and evaluate a mechanism that would create a dedicated restricted funding
source that would support the stormwater program.
A Stormwater Utility is a programmatic approach with a dedicated funding source that fairly
distributes recoverable costs equitably among all users proportionate to the benefits they receive.
Thirteen (13) of Florida's sixty -seven (67) counties have now elected to fund their stormwater
management needs using a Stormwater Utility. A Stormwater Utility establishes a user fee rate
based not on property value but on the amount of rainfall- generated stormwater runoff
discharging from the property, which then enters the County's stormwater management system.
In 1991, the Board approved Ordinance 91 -27, which established a Stormwater Utility. In 1992,
the Board adopted Resolution 9242 to establish a public hearing date to consider adopting a
resolution of intent to select the rate and method of collecting a stormwater management user fee
as a non -ad valorem assessment for the unincorporated area of Collier County. On January 5,
1993, staff briefed the Board on the proposal to establish a rate structure indicating that a typical
residential unit would pay $16 -$24 per year. At the conclusion of public input and Board
discussion, the Board voted not to proceed with a countywide stormwater utility.
Current stormwater management planning and capital activities are funded by ad valorem taxes.
Resolution 2010 -137 directs that general fund revenues up to an equivalent rate of 0.15 mills can
be set aside annually for such activities. The current equivalent funding rate is approximately
0.08 mills. Current stormwater management operation and maintenance activities are funded
through the Road Maintenance Division. Current funding levels cannot support the rehabilitation
of existing aging infrastructure and enhancements needed to improve flood control and water
quality.
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FISCAL EffACT: Funding for this preliminary analysis is estimated to cost less than
$100,000, is available in project number 51144, Stormwater Feasibility and Preliminary Design,
within the Stormwater Capital Improvement Fund 325. Source of funds is transfers from the
General Fund (00 1) and Unincorporated Area General Fund (111).
LEGAL CONSIDERATJONS: This item is approved as to form and legality, and requires
majority vote for Board approval. —SRT
GROWTH MANAGEMENT HAPACT: Approval of this item is in accordance with the goals
and objectives of the Drainage Sub - element of the Growth Management Plan.
RECOMMENDATION: To direct the County Manager or his designee to proceed with a
Stormwater Utility feasibility study that would evaluate an alternative dedicated funding source
for ongoing and future Stormwater Management related initiatives and operations; and to bring
back the findings of the study back to the Board for future consideration on implementation.
Prepared by: Gerald Kurtz, P.E., Principal Project Manager, Capital Project Planning, Impact
Fees and Program Management Division, Growth Management Department
Attachment:
1) Ordinance 91 -27
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.20.
Item Summary: Recommendation to proceed with preliminary analysis of development of
a Stormwater Utility for utilization as an alternate dedicated funding source for ongoing and
future stormwater management related initiatives and operations, estimated cost $50,000-
$100,000, project number 51144, Stormwater Feasibility and Preliminary Design, Fund 325.
Meeting Date: 12/8/2015
Prepared By
Name: KurtzGerald
Title: Project Manager, Principal, Capital Project Planning, Impact Fees and Program Management
11/16/2015 8:40:12 AM
Submitted by
Title: Project Manager, Principal, Capital Project Planning, Impact Fees and Program Management
Name: KurtzGerald
11/16/2015 8:40:13 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Operations & Regulatory Management
Date: 11/17/2015 10:04:00 AM
Name: PattersonAmy
Title: Division Director - IF, CPP & PM, Capital Project Planning, Impact Fees and Program
Management
Date: 11/17/2015 10:36:48 AM
Name: KearnsAllison
Title: Manager - Financial & Operational Sprt, Capital Construction & Maintenance Budget/Fiscal
�., Date: 11/17/2015 4:17:59 PM
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Name: TaylorLisa
Title: Management/Budget Analyst, Senior, Capital Construction & Maintenance Budget/Fiscal
Date: 11/18/2015 8:58:46 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 11/18/2015 11:38:40 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Administration
Date: 11/18/2015 1:11:11 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/18/2015 3:19:04 PM
Name: UsherSusan
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 11/19/2015 12:14:54 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 11/22/2015 11:02:53 AM
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ORDINANCE NO. 91 -_
12/8/2015 16.A.20.
AN ORDINANCE OF COLLIER COUNTY, FLORIDA
RELATING TO STORMWATER MANAGEMENT IN THE
COUNTY AND CREATING A STORMWATER UTILITY;
STATING AUTHORITY; GOVERNING BOARD, .POWERS AND
DUTIES; STATING FINDINGS, PURPOSE AND DECLARA-
TION OF BENEFIT; PROVIDING TITLE AND CITATION;
PROVIDING FOR APPLICABILITY OF ORDINANCE;
PROVIDING DEFINITIONS; ESTABLISHMENT OF A
STORMWATER UTILITY; ESTABLISHMENT OF A
STORMWATER UTILITY ENTERPRISE FUND; PROVIDING
FOR ISSUANCE OF BONDS_; PROVIDING FOR DEVELOP-
MENT, IMPLEMENTATION AND APPLICATION OF
FUNDING; OPERATING BUDGET; REQUIRED LEVELS OF
RATES FOR STORMWATER UTILITY.FEES AND ASSESS-
MENTS; IMPOSITION OF STORMWATER UTILITY FEES;
ESTABLISHING AREA OF OPERATION, BENEFIT AREAS
AND UTILITY FEES; NOTICE REQUIREMENTS FOR
RESOLUTIONS ESTABLISHING OR MODIFYING AREA OF
OPERATION BENEFIT AREAS AND SETTING OR MODIFY-
ING RATES; ASSESSMENTS AND UTILITY FEES;
CREDITS AGAINST UTILITY FEES AND ASSESSMENTS;
BILLING AND PAYMENT OF STORMWATER UTILITY FEES
OR ASSESSMENTS; ADJUSTMENT OF UTILITY FEE AND
ASSESSMENTS, CORRECTIONS; PENALTIES; ADJUST-
MENTS; ADJUSTMENT OF UTILITY FEE AND ASSESS-
MENTS; CORRECTIONS; CREATION OF A COMPREHEN-
SIVE STORMWATER MANAGEMENT UTILITY CODE;
CONFLICT AND SEVERABILITY; AND EFFECTIVE DATE.
WHEREAS, Collier County (the "County ") is responsible for the
conservation, management, protection, control, use and enhancement
of water resources and management, maintenance, and improvement of
the stormwater systems in the unincorporated areas of the County;
and
WHEREAS, the County has adopted a Comprehensive Growth
Management Plan which identifies water resource needs and
objectives; and
WHEREAS, the Growth Management Plan directs the County to
adopt stormwater utility service charges as the primary method of
financing the system improvements outlined in the Capital
Improvement Element; and
WHEREAS, the Federal Clean Water Act as amended by the Water
Quality Act of 1987 (33 U.S.C. 1251, et sea.) and rules to be
promulgated by the United States Environmental Protection Agency
require that political entities having populations of greater than
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100,000 persons develop, implement, and fund stormwater management
programs and obtain discharge permits for certain outfalls from
stormwater systems; and
WHEREAS, the Board'of County Commissioners (the "Board ") has
authorized the preparation of a professional engineering and
management analysis of.the stormwater systems and the stormwater
management-,problems, needs.;"goals,'operational and capital
requirements, and' funding opportunities in the County; and
WHEREAS,-the professional engineering and management analysis
has been prepared.and delivered to the Board and has been
examined, reviewed, discussed.and adopted as a blueprint for
implementation by the Board and has been subject to public
meetings and.discussions in the County; and
WHEREAS,'the analysis indicates that substantial stormwater
management•operating• program, regulatory, and capital improvement
needs exist-in Collier County; and
WHEREAS, the County has concluded that it will be necessary
and essential to undertake a comprehensive stormwater management
program (the "Program ") to..construct improvements to its existing
stormwater - management system -which has been developed over a
number.of years for the purpose of collection, storage, treatment
and conveyance of stormwater, to ensure that the collection and
disposal of stormwater within the County adequately protects the
health, safety, and welfare of the citizens of the County;
WHEREAS, in developing the Program, the County has concluded
that it is necessary to fund the Program by exercising its
prerogative under Florida law to create a Stormwater Utility to
collect Utility Fees, to make assessments and borrow monies
sufficient to plan, construct, improve, operate and maintain the
Program, and to set aside any other funds for purposes of funding
the Program.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
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SECTION ONE: AUTHORITY
The Board-is authorized by the constitution and laws of the
State of Florida, including Chapter 125, Florida Statutes and
Sectit5h; 403 »0893; Florida Statutes to construct, reconstruct,
improve,-and extend.stormwater management systems, or create
stormwater utilities and to issue bonds and other obligations to
finance-in wholef -or part'the cost of'such systems and to establish
just and-equitable rates, fees, and charges for the services and
facilitibW'..provided:by such systems:
SECTION TWO: GOVERNING.BOARD, POWERS AND DUTIES
::The Board-= of.County..Commissioners of Collier County, Florida
as".thegoverning body of:Collier County is Ex- Officio the
Governing Board of the Stormwater Utility established hereby with
the power-and duty-to conduct the affairs of the Utility as
prescribed by;Florida:-law.:
SECTION THREE: FINDINGSy PURPOSE AND DECLARATION OF BENEFIT
The Board does-.hereby - make the following findings:
-(a) The professional engineering and management analysis
submitted to and adopted by the Board on August 27, 1990
,' •.•:properly_ defines.the.stormwater management needs of the
- "' County. .
.(b). The stormwater management 'needs of the County differ
from area to area and that stormwater management service
areas* are definable on the basis of such differences in
service needs and contribution to the overall problem:
(c) The ability of the County to effectively conserve,
manage, protect, control, use, and enhance the water
resources of the County is dependent on the provision of
adequate, equitable and stable funding for the
stormwater management nrogram.
(d) The stormwater management system, including the
components which provide for the collection of and
disposal of stormwater and regulation of groundwater, is
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of benefit and provides services for the welfare of the
County and its residents including property not
presently served by the physical elements thereof.
(e) 'The formation of a stormwater utility, the establishment
-of a separate enterprise fund for accounting of the
-�' revenues, expenditures,• assets, and earnings of the
;Utility, and adoption-of various rates, fees, charges,
-•• rentals, fines, and penalties are necessary to meet the
needs identified in the professional engineering and
.._.'. management *analysis.
It' is= the intent. of the- County that in addition to other
available monies, Stormwater Utility Fees and Assessments shall
fund:the-costs of Operation and Maintenance, Extension and
Replacement and Debt Service of the Stormwater Management System.
=It is therefore the purpose of this Ordinance to provide for
the' •.'.health;:safetyand -welfare of the citizens of Collier County,
Florida -by providing for the conservation, management, protection,
control, use and enhancement, maintenance and improvement of the
stormwater- systems in the unincorporated areas of the County.
It is-hereby declared and determined by the Board of County
Commissioners that the stormwater management services provided
pursuant to this Ordinance and the establishment of a Stormwater
Utility constitute a benefit to the properties within the Area of
Operation equal to or in excess of the costs of providing such
stormwater management services.
SECTION FOUR: TITLE AND CITATION
This Ordinance shall be known and may be cited as the
"Collier County Stormwater Utility Ordinance ".
SECTION FIVE: APPLICABILITY
This Ordinance shall apply to and be enfprCed in a.1 the
unincorporated area of Collier County.
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SECTION SIX: DEFINITIONS
For the purpose of this Ordinance, all capitalized, undefined
terms used in this ordinance shall have the following meanings:
A. "Area of Operation" means that area designated in any
resolution of the Board as provided herein as the area within
which the System shall.be operated and in which a Utility Fee is
imposed. - .
B. "Assessment" means a per acreage fee authorized by the
terms of Section 403.0893(3) Florida Statutes, as amended, and
this Ordinance, to be assessed for funding such costs of Operation
and Maintenance, Debt Service and Extension and Replacement
attributable�to a Benefit Area that the Board may determine by
resolution-of the Board-as provided herein.
.- C: • "Benefit Area" means any portion or portions of an area
Within or without an Area of Operation, designated by resolution
of the Board as provided herein as a Benefit Area for purposes of
determining Utility Fees and /or Assessments to be payable in such
area.
-'-D:• "Board" means the Board of County Commissioners of
Collier County, Florida.
E. "Bonds" means revenue bonds, assessment bonds, notes,
loans or any other debt obligations issued or incurred to finance
the Costs of Construction.
F. "Costs of Construction" means costs reasonably incurred
in connection with providing capital improvements to the System or
any portion thereof, including but not limited to the costs of
(1) acquisition of all property, real or personal, and all
interests in connection therewith including all rights -of -way and
easements therefor, (2) physical construction, installation and
testing, including the costs of labor, services; °Srmittin7,
materials, supplies and utility services used in connection
therewith, (3) architectural, engineering, legal and other
professional services, (4) insurance premiums taken out and
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M. "Operating Budget" means the annual Utility operating
budget adopted by the County for the succeeding Fiscal Year.
Ni-, "Operations and Maintenance" means the current expenses,
paid or accrued, of operation, maintenance and current repair of
the.System, as calculated in accordance with sound accounting
praoti*ce•; and includes, without limiting the generality of the
foregoing, insurance premiums, administrative expenses, labor,
executive compensation, the cost of materials, equipment and
supplies used for current operations, and charges for the
accumulation of.appropriate reserves for current expenses not
annually incurred, but which are such as may reasonably be
expected to be incurred in accordance with sound accounting
practice.
O. . "Property Appraiser" means the Property Appraiser of
Collier County, Florida.
-P. "Revenues" means all rates, fees, assessments, taxes,
rentals or other charges or other income received by the Utility,
in connection with the management and operation of the System,
including amounts received from the investment or deposit of
moneys in any fund or account and any amounts contributed by the
County, all as calculated in accordance with sound accounting
practice.
Q. "Stormwater Management System" or "System" means the
existing stormwater management of the County and all improvements
thereto which by this Ordinance are constituted as the property
and responsibility of the Utility, to be operated as an enterprise
fund to, among other things, conserve water, control discharges
necessitated by rainfall events, incorporate methods to collect,
convey, store, absorb, inhibit, treat, use or reuse water to
prevent or reduce floodi, ^,g, over- drainage, environment -al
degradation and water pollution or otherwise affect the quality
and quantity of discharge from such System.
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R. "Stormwater Utility" or "Utility" means the enterprise
fund utility created by this Ordinance to operate, maintain and
improve the System.
S. "Stormwater.Utility Fee" means a Utility fee authorized
by Florida law and this Ordinance which is established to pay
Operations and Maintenance; Extension and Replacement and Debt
Service..
•.T. "Tax.Collector" means the Tax Collector of Collier
County, Florida.
SECTION SEVEN: ESTABLISHMENT OF A STORMWATER UTILITY
.The Board hereby establishes�a Stormwater Utility, which
shall-.be responsible for the conservation, management, protection,
control, use, and enhancement of water resources in the County and
the management, operation, maintenance, and improvement of the
public stormwater systems, and which Utility shall operate as a
Section of the Water Management Department within the
Environmental Services Division of the County.
��. SECTION EIGHT: ESTABLISHMENT OF A STORMWATER UTILITY
ENTERPRISE FUND
The Board hereby establishes a Stormwater Utility Enterprise
Fund for the accounting of all revenues, expenditures, assets,. and
earnings of the Utility, in which all revenues from the Stormwater
Utility shall be deposited. Monies in said Fund shall, in
priority of order, pay the costs of (i) Operations and
Maintenance, (ii) Debt Service and (iii) Extension and
Replacement.
SECTION NINE: ISSUANCE OF BONDS
The Stormwater Utility may issue Bonds for the purposes
described herein pursuant to a resolution of the Board authorizing
the issuance thereof. Except as herein otherwise expressly
provided or in any resolution of the Board authorizing the
issuance of Bonds, all Bonds shall be payable solely out of the
revenue and receipts derived from the System or of any portion
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thereof; provided, that notes.issued in anticipation of the
issuance of Bonds may be retired out of the proceeds of such
Bonds.
SECTION TEN: DEVELOPMENT, IMPLEMENTATION, AND APPLICATION OF
FUNDING
The Board shall provide for the development, implementation,
n La:
and application of various funding methods including but not
limited to the service charges, special assessments, non ad
valorem assessments, fees for services or in -lieu of regulatory
requirements, fines, penalties, impact fees, and such other
funding methods as the County may be authorized to use as it
determines by subsequent resolution.
SECTION ELEVEN:. OPERATING BUDGET
The Board shall adopt an Operating Budget not later than the
first day of each Fiscal Year. The Operating Budget shall set
forth for such Fiscal Year the estimated Revenues and the
estimated costs for Operations and Maintenance, Extension and
Replacement and Debt Service.
SECTION TWELVE: REQUIRED LEVELS OF RATES FOR STORMWATER UTILITY
FEES AND ASSESSMENTS
The Board shall require that adequate Revenues are generated
to provide for a balanced Operating Budget by setting sufficient
levels of Stormwater Utility Fees and Assessments.
SECTION THIRTEEN: IMPOSITION OF STORMWATER UTILITY FEES
The Board hereby authorizes the imposition of Stormwater
Utility Fees on all property within the Area of Operation which
shall be established or modified by Board resolution as provided
herein. Additional Utility Fees may be established by Board
resolution as provided herein.
SECTION FOURTEEN: ESTABLISHING AREA OF OPERATION, BENEFIT AREAS
(1) Area Qf operation.
(a) The Board shall describe and establish the initial
Area of Operation and shall make such modifications as it
determines by subsequent resolution as provided herein.
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(2) Benefit Areas.
(a) The Board may describe and establish Benefit Areas
within or without the Area of Operation and may establish
additibnal.Benefit:.Areas and make such "modifications as it
determines by subsequent resolution as provided herein.
SECTION FIFTEEN: NOTICE REQUIREMENTS FOR RESOLUTIONS
ESTABLISHING OR MODIFYING AREA OF OPERATION,
BENEFIT AREAS.AND SETTING OR MODIFYING RATES
A public hearing shall be held prior to adopting resolutions
establishing or modifying an Area of Operation, Benefit Areas, or
setting or modifying Stormwater Utility Fees and Assessments.
Notice of the public hearing shall be published 15 days prior to
the hearing in a newspaper of general circulation in the County.
SECTION SIXTEEN: AS AND UTILITY FEES
The Board may, by resolution, establish a Benefit Area and
impose a per acreage fee on real property located in the Benefit
Area. Benefit Areas may be charged an Assessment in addition to
Utility Fees.
^ (1) Assessments. Assessments shall be established by this
Ordinance.or by Board resolution as provided herein, which shall
set forth.(i) the Benefit Area to which the Assessment applies and
(ii)-what portion of the Assessment will be used for the costs of
Operations and Maintenance, Extension and Replacement and Debt
5ervice...7The..Board in its discretion may determine that
Assessments should vary by Benefit Area based on its review of the
facts, including benefits received, burdens produced and services
rendered.
(2) Utility Fees. Utility Fees shall be initially imposed
and may be later modified by Board resolution as provided herein.
Any Board resolutions imposing or modifying Utility Fees shall set
forth (ij tie Area of Operation or Benefit Area to which the
Utility Fee applies (ii) what portion of the Utility Fee will be
used for the costs of Operations and Maintenance, Extension and
Replacement and Debt Service and (iii) the Utility Fee rate, if
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applicable. The Board in its discretion may determine that
Utility Fees should vary.by Benefit Area based on its review of
the facts including benefits received, burdens produced and
services. rendered.
SECTION SEVENTEEN :-..CREDITS AGAINST UTILITY FEES AND ASSESSMENTS
BrOPOMY ;.owners ,)may, receive credit against Utility Fees and
Assessments in amountMrdpProved by: the Board for past or future
expenditures determined by the Director to benefit the System.
Such. determination shall be made in accordance with the guidelines
set forth in resolutions establishing an Area of Operation,
Benefit Area- or setting Utility Fees and Assessments.
SECTION EIGHTEEN: BILLING AND PAYMENT OF UTILITY FEES OR
ASSESSMENTS, PENALTIES; ADJUSTMENTS
The Board shall, by resolution, establish the method of
collecting Stormwater Utility Fees and Assessments and may provide
for any remedies permitted under Florida law for collection of
payments, including liens and penalties and any remedies set forth
in the provisions contained in §403.0893, Florida Statutes, as
amended.
SECTION NINETEEN: ADJUSTMENT OF IITILITY FEE AND ASSESSMENTS;
CORRECTIONS.
(1) Owner- Initiated Adjustments. Requests for adjustment of
the Utility Fee or an Assessment shall be. submitted to the
Director, who shall have authority to adjust the Utility Fee or
Assessment pursuant to the procedures and standards as established
herein. No credit shall be given for the installation of
facilities required by County ordinances or applicable laws. The
following procedures shall apply to all adjustment requests of the
Utility Fee or an Assessment:
(a) Any owner who believes the Utility Fee or
Assess,ue.^., incorrect, 1- h
�S iit�:�rrct,t, Luny, $iIb]ec:L LO the Iitxitazions Set Tort
herein, submit an adjustment request to the Director.
(b) The adjustment request shall be in writing and set
forth, in detail, the grounds upon which the correction is sought.
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(c) The adjustment request of a Utility Fee or
Assessment must be made within thirty (30) days after the date of
its first class mailing. The adjustment request will be reviewed
by the Director within three (3) months from the date of filing of
the'_hdjustment..request:t* Consideration by the Director of the
owner's request.for: adjustment shall not relieve the owner of the
obligation to make.timely payment of the Utility Fee or
Assessment. In.the event an adjustment is granted by the Director
which.decreases the Utility Fee or an Assessment, the owner shall
be entitled to credit for the excess Utility Fee or Assessment
paid.. '-If the Utility Fee or Assessment is' placed on the real
property,:;zaX - bill, the - credit shall.be so noted on the respective
owner's real property tax bill.
(d) The owner requesting the adjustment may be
required, at his own cost, to provide supplemental information to
the Director including, but not limited to, survey data approved
by a professional land surveyor and engineering reports approved
by a professional engineer. Failure to provide such information
may result in the denial of the adjustment request.
(e) The granting or denial of an adjustment to a
Utility Fee or an Assessment will be furnished to the owner, in
writing, by the Director. If the Utility Fee or an Assessment is
placed on the real property tax bill, the document granting an
adjustment to a Utility Fee or an Assessment will also be sent to
the Tax Collector.
(2) Right of Review by Board. The owner has the right to
appeal the decision of the Director to the Board. The appeal must
be made within thirty (30) days of receipt of such denial. The
Board shall furnish, in writing, its determination within sixty
(60) days of receipt of the request for review. It shall set
forth the reasons for the decision based on the criteria contained
in this Section.
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(3) County- Initiated Adiustments. If the Utility Fee or an
Assessment is placed on the Tax Bill, any errors in the Utility
Fee or an Assessment or failure to charge a Utility Fee or an
Assessment may be.corrected by the Tax Collector. If the Utility
Fee or :an-- Assessment -Is not placed on the Tax Bill, any errors in
theUtility.Fee or an --Assessment or failure to charge a Utility
Fee Dr-'Assessment.may'be corrected by the Director. Corrections
which result in an increase in a Utility Fee or an Assessment
cannot-.be-imposed until the owner has consented in writing to the
increase.or has been given at least ten (10) days notice by
certified mail and an opportunity to be heard by the Board. Once
the-adjustment is finalized, the Director shall send documentation
reflecting the adjustment to the owner and, if the Utility Fee or
Assessment is placed on the Tax Bill, the documentation will also
be sent to the Tax Collector.
SECTION TWENTY: CREATION OF A COMPREHENSIVE STORMWATER
MANAGEMENT UTILITY CODE
The Board may -create and adopt a Comprehensive Stormwater
Management Utility Code for the County.
SECTION TWENTY -ONE: 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 separate,
distinct and independent provision and such holding shall not
affect the validity of the remaining portion.
SECTION TWENTY -TWO: EFFECTIVE DATE
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida this //_ day of 1991.
ATTEST:. BOARD OF COUNTY COMMISSIONERS
_ .JAMES C. GIL*ES, Clerk COLLIER COUNTY, FLORIDA
_.. BY: -
PATRICIA ANNE GOODNIGHT
Chairperson
Approved'as to form and
:legal sufficienc
David c. weigeriv
Assistant County A orney This ordir,r ^' with the
•
53�r, , ( "fice the
oy 00104,144., . -..�
and acknow:e6- -rn:: ^t cf -"'Qt
ord /dp/2381 filing received this daY
of '
Owev ewx
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