Ordinance 2018-16 ORDINANCE 18- 1 6
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA;
AMENDING CHAPTER 134, ARTICLE VII OF THE
COLLIER COUNTY LAWS AND ORDINANCES
(STORMWATER UTILITIES) BY AMENDING SECTION
134-312 UPDATING THE DEFINITION FOR ASSESSMENT
WITHIN THAT SECTION; AMENDING SECTION 134-316
TO UPDATE THE FINDINGS; AMENDING SECTION 134-
317 TO MODIFY THE AUTHORITY OF THE COUNTY TO
MANAGE THE STORMWATER UTILITY; AMENDING
SECTION 134-326 AS TO THE AUTHORITY OF THE
BOARD TO ESTABLISH ASSESSMENTS AND UTILITY
FEES; AMENDING SECTION 134-327 RELATING TO THE
PROCESS OF GRANTING CREDITS; AMENDING
SECTION 134-329 RELATING TO THE PROCESS FOR
ADJUSTMENT OR CORRECTION OF UTILITY FEE AND
ASSESSMENTS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,pursuant to Article VIII, section 1(f),Florida Constitution, and Chapter 125,
Florida Statutes,the County has all powers of self-government to the extent not inconsistent with
general or special law and such power may be exercised by the enactment of legislation in the form
of ordinances; and
WHEREAS, Section 403.0893, Florida Statutes, specifically authorizes and encourages
the County to provide Stormwater Management Services, create Stormwater programs and adopt
Stormwater charges sufficient to plan, construct, operate and maintain the Stormwater
management systems; and
WHEREAS, in 1991, the County adopted Ordinance No. 91-27, which constituted the
Collier County Stormwater Utility Ordinance. The Ordinance authorized the imposition of
assessments and utility fees to fund the County's Stormwater Utility; and
WHEREAS,provisions of that Ordinance need to be amended to provide the County with
the greatest degree of flexibility to implement the requirements of Florida law.
NOW THEREFORE, be it ordained by the Board of County Commissioners of Collier
County, Florida,that:
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SECTION ONE. RECITALS. The above Recitals are incorporated herein as if set forth in
their entirety.
SECTION TWO. Article VII. Stormwater Utility,Section 134-312.Definitions,of the Collier
County Code of Laws and Ordinances is hereby amended to read as follows:
Section 134-312. Definitions.
The following words, terms and phrases, when used in this article, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Area of operation means that area designated in any resolution of the board of
county commissioners as the area within which the system shall be operated and in
which a utility fee is imposed.
Assessment means a fee, charge or assessment per acreag_. fee authorized by
the terms of F.S. § 403.0893(3), as amended, or under any other provision of law
and this article,to be assessed for funding such costs of operation and maintenance,
debt service, improvements and extension and replacement attributable to a benefit
area that the board may determine by resolution of the board of county
commissioners as provided herein.
Benefit area means any portion or portions of an area within or without an area
of operation, designated by resolution of the board of county commissioners as
provided herein as a benefit area for purposes of determining utility fees and/or
assessments to be payable in such area.
Bonds means revenue bonds, assessment bonds, notes, loans or any other debt
obligations issued or incurred to finance the costs of construction.
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, permitting, materials, supplies and utility services used in
connection therewith;
(3) Architectural, engineering, legal and other professional services;
(4) Insurance premiums taken out and maintained during construction,to the
extent not paid for by a contractor for construction and installation;
(5) Any taxes or other charges which become due during construction;
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(6) Expenses incurred by the county or on its behalf with its approval in
seeking to enforce any remedy against any contractor or sub-contractor in
respect of any default under a contract relating to construction;
(7) Principal of and interest on any bonds; and
(8) Miscellaneous expenses incidental thereto.
Debt service means,with respect to any particular fiscal year and any particular
series of bonds, loans or notes, an amount equal to the sum of:
(1) All interest payable on such bonds,loans or notes during such fiscal year;
plus
(2) Any principal installments of such bonds during such fiscal year.
Director means the director of the stormwater utility as designated by the board
of county commissioners.
Extension and replacement means costs of extensions, additions and capital
improvement to, or the renewal and replacement of capital assets of, or purchasing
and installing new equipment for the system,or land acquisition for the system and
any related costs thereto,or paying extraordinary maintenance and repair,including
the costs of construction, or any other expenses which are not costs of operation
and maintenance or debt service.
Fee-in-lieu-of means a charge to a developer or individual resident to recover:
(1) The costs of construction and debt service on a new stormwater
management system which serves such developer or individual resident; or
(2) The extension and replacement costs necessitated by development
undertaken by such developer or individual resident.
Fiscal year means a 12-month period commencing on October 1 of any year,
or such other 12-month period adopted as the fiscal year of the utility.
Operating budget means the annual utility operating budget adopted by the
county for the succeeding fiscal year.
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 practice,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.
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
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of moneys in any fund or account and any amounts contributed by the county, all
as calculated in accordance with sound accounting practice.
Stormwater management system or system means the existing stormwater
management of the county and all improvements thereto which by this article 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 flooding, over-
drainage, environmental degradation and water pollution or otherwise affect the
quality and quantity of discharge from such system.
Stormwater utility or utility means the enterprise fund utility created by this
article to operate, maintain and improve the system.
Stormwater utility fee means a utility fee authorized by state law and this article
which is established to pay operations and maintenance,extension and replacement
and debt service.
SECTION THREE. Article VII. Stormwater Utility, Section 134-316, Findings, purpose and
declaration of benefit, of the Collier County Code of Laws and Ordinances is hereby amended as
follows:
Section 134-316. Findings, purpose and declaration of benefit.
(a) The board of county commissioners does hereby make the following findings:
(1) The professional engineering and management analysis submitted to
and adopted by the board of county commissioners on August 27, 1990
properly defines the stormwater management needs of the county. This
analysis was updated and approved by the Board of County Commissioners
on February 13, 2018, and finalized in the report entitled "Collier County
Stormwater Utility Program Phase II-Stormwater Utility Rate Study, dated
March 12, 2018.
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(2) 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 program.
(3) The stormwater management system, including the components
which provide for the collection of and disposal of stormwater and
regulation of groundwater, is of benefit and provides services for the
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welfare of the county and its residents, including property not presently
served by the physical elements thereof.
(4) 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.
(5) The Board of County Commissioners will review specific financial
and program milestones annually as part of the budget and Annual Update
and Inventory Report/Capital Improvement Element.
(b) 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.
(c) It is therefore the purpose of this article to provide for the health, safety and
welfare of the citizens of the county 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.
(d) It is hereby declared and determined by the board of county commissioners
that the stormwater management services provided pursuant to this article 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. Article VII. Stormwater Utility, Section 134-317. Establishment of Utility,
of the Collier County Code of Laws and Ordinances is hereby amended as follows:
Section 134-317. Establishment of utility.
The board of county commissioners 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
• . .. of the county.
SECTION FIVE. Article VII. Stormwater Utility, Section 134-326, Assessment and Utility
Fees, of the Collier County Code of Laws and Ordinances is hereby amended as follows:
Section 134-326. Assessments and utility fees.
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The board of county commissioners may, by resolution, establish a benefit area
areas of operation and impose a-pe€acreage assessments and utility fees on real
property located in the benea areas of operation.Benefit areas within the areas
of operation may be charged an assessment in addition to utility fees depending of
the needs for that area.
(1) Assessments. Assessments shall be established or modified by
by-beard resolution as provided herein, which shall set forth:
a. The benefit-area to which the assessment applies; and
b. A-. :: "•t • -• - . . _. , - . : : .
. , . ., :.' t . . .. . . ., : : . - - The services
and improvements to be provided by the assessment; and
c. The assessment rate.
The board of county commissioners 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 established ' . '. • .. . ., . • .
later or modified by :.•, : : -: .. - . resolution as provided herein-
..., - . . - .. • . .. . ' •- •• which shall set forth:
a. The area : . - • - -• .- . to which the utility fee applies;
b. A•. :: "•: ' . • _ . . . • . t :
., .
•• .,•• ., _. •. ., . . . • •- • • . . . ' The services
and improvements to be provided by the utility fees; and
c. The utility fee raterif-applieable.
The board of county commissioners 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 SIX. Article VII. Stormwater Utility, Section 134-327. Credits Against Utility
Fees and Assessments, of the Collier County Code of Laws and Ordinances is hereby amended as
follows:
Section 134-327. Credits against utility fees and assessments.
Property owners may receive credit against utility fees and assessments in amounts
approved by the board of county commissioners for past or future expenditures
determined by the director County Manager to benefit the system. Such
determination shall be made in accordance with the guidelines set forth in
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resolutions establishing an area of operation,benefit area or setting utility fees and
assessments.
SECTION SEVEN. Article VII. Stormwater Utility, Section 134-329.Adjustment of Utility
Fee and Assessments; corrections, of the Collier County Code of Laws and Ordinances is hereby
amended as follows:
Sec. 134-329. -Adjustment of utility fee and assessments; corrections.
(a) 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:
(1) Any owner who believes the utility fee or assessment is incorrect may,
subject to the limitations set forth herein, submit an adjustment request to
the director.
(2) The adjustment request shall be in writing and set forth, in detail, the
grounds upon which the correction is sought.
(3) The adjustment request of a utility fee or assessment must be made
within 30 days after the date of its first class mailing. The adjustment
request will be reviewed by the director within three months from the date
of filing of the adjustment request. 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 tax bill,the credit shall be so noted on the respective owner's real
property tax bill.
(4) 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.
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II1
(5) 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.
(b) Right of review by board. The owner has the right to appeal the decision of
the director to the board of county commissioners, who may refer the issue to a
Hearing Examiner for final decision. The appeal must be made within 30 days of
receipt of such denial. The board shall furnish,in writing,its determination within
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.
(c) County-initiated adjustments. 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 the utility fee or an
assessment or failure to charge a utility fee or 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 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 EIGHT. 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 portions.
SECTION NINE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances
of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered and
internal cross-references amended throughout to accomplish such, and the word"ordinance"may
be changed to "section," "article,"or any other appropriate word.
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SECTION TEN. EFFECTIVE DATE.
This Ordinance shall be considered adopted upon the date written below.
PASSED AND ADOPTED in Regular Session thisl \day ofvr--‘. 2018.
BOARD OF COUNTY COMMSSIONERS
OF COLLI COUNTY, FL• ' DA
ATTEST
i1to, 44,
ght frock Clerk ANDY SOLIS, Chairman
Attest4to Chairman's
signature only.
f
Approvedas/o o'ii . ► . -: .
411111
Jeffrey A. Klatzi7A r, unty Attorney
A
kV
This ordinance filed with the
Secretory of State's Office the
_a oy of ,�__..
and acknowledgement of,thot
film. rec-'ved this ia' day
of lilt Vir
Dwutr C.rk
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COU K 8 T
FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
April 12, 2018
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Teresa Cannon
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66,Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 18-16, which was filed in this office on April 12, 2018.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us