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Agenda 07/27/2010 Item #16F 7Agenda Item No. 16F7 July 27, 2010 Page 1 of 25 EXECUTIVE SUMMARY Recommendation to approve a Resolution replacing and superseding Resolution No. 2005 -115 and directing that General Fund (001) revenues dedicated to the Stormwater Utility pursuant to Ordinance No. 91 -27 are established at an equivalent millage rate amount as determined by the Board of County Commissioners annually in an amount up to .1500 mills. OBJECTIVE: To eliminate any potential policy conflict and allow the Board the ability to determine the annual amount of General Fund (001) revenue to be dedicated for Stormwater Utility purposes up to a maximum equivalent millage rate of .1500 mills. CONSIDERATIONS: Annually, the Board has directed that General Fund revenue be directed to the Stormwater Utility to address long standing stonnwater management needs and to provide matching dollars to available grants. The amount of General Fund revenue pursuant to Resolution No. 2005-115 was based upon an equivalent millage rate of .1500 per $1,000 of taxable value. Resolution No. 2008 -80 amended and clarified Resolution No. 2005 -115. The adopted FY 2011 budget policy recognizes the funding formula contained within Resolution No. 2005-115 but further indicates that a "millage neutral budget" will likely require a reduction in this dedicated transfer. This policy statement was recommended and adopted in recognition of a third straight year of taxable value decline which started in FY 2009 and a millage neutral ad valorem budget. The General Fund (001) Stormwater Utility transfer is a regular annual policy decision by the Board and the proposed resolution simply provides a degree of latitude in determining the appropriate contribution amount when weighed against the various budget influences faced from one year to the next — including taxable value, the progress and timeline for completion of existing projects as well as planned future initiatives. Stormwater Utility Fees are not being modified by the proposed Resolution. Attached for Board information is Resolution No. 2005-115. Resolution No. 2008 -80, and Stormwater Utility Ordinance No. 91 -27. FISCAL IMPACT: To be determined annually at the time of Budget Policy consideration. GROWTH MANAGEMENT IMPACT: None LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. - JBW RECOMMENDATION: To approve the proposed Resolution. Prepared by: Mark Isackson, Corporate Financial Planning and Management Services, County Manager's Office. Agenda Item No. 16F7 July 27. 2010 Page 2 of 25 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16F7 Item Summary: Recommendation to approve a Resolution replacing and superseding Resolution No. 2005- 115 and directing that General Fund (001) revenues dedicated to the Stormwater Utility pursuant to Ordinance No 91 -27 are established at an equivalent millage rate amount as determined by the Board of County Commissioners annually in an amount up to .1500 mills. Meeting Date: 7/27/2010 9'00'00 AM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 7/19/2010 1:46 PM Approved By Jennifer White Assistant County Attorney Date County Attorney County Attorney 711912010 2:22 PM Approved By Jeff Klatzkow County Attorney Date 7/20/2010 11:34 AM Approved By Susan Usher ManagementBudget Analyst, Senior Date Office of Management & Budo -t Office of Management & Budget 7121"2010 9:27 AM Approved By Leo E. Ochs. Jr. County Manager Date County Managers Office County Managers O`fice 7/2112010 930 AM Agenda Item No. 16F7 July 27, 2010 Page 3 of 25 RESOLUTION NO. 2010 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REPLACING AND SUPERSEDING RESOLUTION NO. 2005 -115 AND DIRECTING THAT GENERAL FUND (001) REVENUES DEDICATED TO THE STORMWATER UTILITY PURSUANT TO COLLIER COUNTY ORDINANCE NO. 91 -27 ARE ESTABLISHED AT AN EQUIVALENT MILLAGE RATE AMOUNT AS DETERMINED BY THE BOARD OF COUNTY COMMISSIONERS ANNUALLY IN AN AMOUNT UP TO. 1500 MILLS. WHEREAS, in Collier County Ordinance No. 91 -27 ("The Collier County Stormwater Utility Ordinance "), the Board of County Commissioners (`Board ") concluded that it was necessary to undertake a stormwater management program ( "Program "), and thereby created a " Stormwater Utility" to set aside funds to pay for the Program; and WHEREAS, on March 8, 2005, the Board adopted Resolution No. 2005 -115, directing that the dollar amounts of the County's ad valorem tax revenues received in Fiscal Year 2006 and for the next nineteen fiscal years (resulting from applying in each fiscal year a millage rate of .1500 mills), shall be dedicated to the County's Stormwater Utility by depositing the revenues into Fund 325 — The Stormwater Capital Improvement Fund; and WHEREAS, on March 25, 20008, the Board adopted Resolution No. 2008 -80, that amended and clarified Resolution No. 2005 -115, that among other things, directed that funds to pay for capital projects and maintenance projects be funded from Fund 325 and allocated in each budget adopted by the Board based on the Annual Update and Inventory Report ( "AUIR Report"); and WHEREAS, the Board has determined that the goals, policies and objectives of Ordinance No. 91 -27 will be met if General Fund (001) revenues dedicated to the Stormwater Utility pursuant to Ordinance No. 91 -27 are established at an equivalent millage rate amount as determined by the Board annually in an amount up to .1500 mills. Agenda Item No, 16F7 July 27, 2010 Page 4 of 25 WHEREAS, Collier County Resolution No. 2005 -115 adopted by the Board on March 8, 2005, as amended and clarified by Resolution No 2008 -80, is hereby replaced and superseded; and WHEREAS, as required by Ordinance No. 91 -27, depositing these ad valorem tax revenues into the " Stormwater Capital Improvement Fund — Fund 325" at an equivalent millage rate amount as determined by the Board annually in an amount up to .1500 mills is an internal dedication of these funds that does not reduce or increase the total ad valorem tax revenues to be collected by Collier County; and WHEREAS, Stormwater Utility Fees are not being modified by this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that General Fund (001) revenues dedicated to the Stormwater Utility pursuant to Ordinance 1991 -27 will be established at an equivalent millage rate amount as determined by the Board annually in an amount up to .1500 mills. THIS RESOLUTION ADOPTED after motion, second and majority vote on this the day of July, 2010. ATTEST: DWIGHT E. BROCK, CLERK M1 , DEPUTY CLERK Approval for form and legal Sufficiency: Jennifer B. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Agenda Item No. 16F7 OnDINANCE NO. 91 --22 iiiR 6 _, - :. T, AN ORDINANCE OF COLLIER COUNTY, FLORIDA RELATING To STORMWATER MANAGEMENT Itt{{[ THE. y qF 717E COUNTY AND CREATING A STORMWATER VTILftt 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 FEr 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. WENREAD, Collier County (the "County ") is responsible for the conservation, managsment, protection, control, use and enhancement of water resources and management, maintenance,.and improvement of the stormwater systems in the unincorporated areas of the County; WHEREAS, the County has adopted a Comprehensive Growth a ^• Management Plan which identifies water resource needs and objectives; and WEEAEA9, 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 WEEREIIB, the Federal Clean Water Act as amended by the Water Quality Act of 1987 (33 U.S.C. 1251, " sac.) and rules to be promulgated by the United States Environmental Protection Agency require that political entities having populations of greater than ® 943 rAv 225 -1- Agenda Item No. 16F7 July 2 Page 100,000 persons develop, implement, and fund stormwater management programs and obtain discharge permits for certain cutfalls from stormwater systems; and NEERE0/, 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, needa,- goals, -operational an& capital requirements, and funding opportunities in the County; and NiEEREAS,-ths 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 WMMZAB, the analysis indicates that substantial stormwater management, operating program, regulatory, and capital improvement needs exist in Collier County; and REEREAB, 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 bean 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; REDEEM, 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 not aside any other funds for purposes of funding the Program. - NOW, TEEREFORE, BE IT ORDAINED EY TEE BOARD OF COUNTY OF COLLIER COUNTY, FLORIDA that: ® 043 Phi! 226 -2- s; Agenda Item No. 16F7 July ne aECTZOm Wt AUTHORITY The Board is authorized by the constitution and laws of the Stats•of Florida, inoluding Chapter 125, Florida Statutes and Secti;Mr'407.0893, Florida Statutes to construct, reconstruct, improve, and- extend.stormwater management systems, or create stormeater utilities and to issue bonds and other obligations to finamce'.in whole or part the'cost of'such systems and to establish just and.equitable rates, fees; and charges for the services and faciltttss'.provided ' by such Systems. BEITZON TRfjt GOVERNING BOARD, POWERS AND DUTIES ­,r.-The Board of county-commissioners of Collier County, Florida asrthergovarning 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 Utl.litlr as prescribed by Florida law., SECTION THREES FINDZNOB, PURPOSE AND DECLARATION OF BENEFIT The Board does-.hereby make the following findings: a {a) The professional engineering and management analysis __. submitted to and adopted by the Board on August 27, 1990 . °r•, properly- defines the stormwater management needs of the _,.r. 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 program. (d) The stormwater management system, including the components which provide for the collection of and disposal of stormwater and regulation of groundwater, is is " 3rv! ?_2( -3_ Agenda Item No. 16F7 77"V of benefit and provides services for the welfare of the ^ county and its residents including property not presently served by the physical elements thereof. 'The formation of a stormwater utility, the establishment of a' separate enterprise fund for accounting of the itor.we -c revenues, expenditures, assets, and earnings of the manes ,1 utility, and adoption of various rates, fson, charges, ._. ... rentals, fines, and penalties are necessary to most the needs identified in the professional engineering and ^1 managalhAnt'analysis. It is. the intent of the County that in addition to other available monies, Stormwater Utility Fees and Assessments shall fund: tho'costs of Operation and Maintenance,' Extension and Replacement and Debt Service of the Stormwater Managemant System. =It' is therefore the purpose of this Ordinance to provide for tIIS;b6althi- safetk"knd 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 it hereby declared and determined by the Board of County Commissioners that the ■tormwater 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 ■tormwater management services. SECTION YOURS TITLX AND CITATION This Ordinance shall be known and may be cited as the -Collier county Stormwater Utility Ordinance". This Ordinance shall apply to and be enforced in all the unincorporated area of collier County. 004 PAct 228 —4— Agenda item No. 16F7 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 Replacument 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 Feas 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, permitting, materials, supplies and utility services used in connection therewith, (3) architectural, engineering, legal and other professional services, (4) insurance premiums taken out and 0 043rlc(229 -5- Agenda Item No. 16F7 July ^ Page maihtbined during:eanstruetion, to the extend not paid for by a contractor for construction and installation, (S) any taxes or other charges which become due during construction, (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. G. "County" means Collier County, Florida. H. "Debt Service" means, with respect to any particular Fiscal Year and any'partioular series of Bonds, loans or notes, an amount'equal to the -sum of (i) all interest payable on such Bonds, loans -or notes during such Fiscal Year, plus (ii) any principal installments of such Bonds during such Fiscal Year. "Director" means the Director of the Stormwater Utility AS designated by the Board. _ "T. "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 now 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. K. "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. L. "Fiscal Year" means a twelve -month period commencing on the first day of October of any year, or such other twelve -month period adopted as the Fiscal Year of the Utility. ® 043 FAct 230 -6- Agenda Item No. 16F7 July 2' Page im M. "Operating Budget" means the annual Utility operating budget adopted by the County for the succeeding Fiscal Year. Kr-..: "Operations and Maintenance" means the current expenses, paid-or accrued, of operation, maintenance and current repair of •- ths,,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. �O. "Property Appraiser" means the Property Appraiser of r'. 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 flooding, over - drainage, environmental degradation and water pollution or otherwise affect the quality and quantity of discharge from such System. ® 043 PAGE 231 Agenda Item No. 16F7 ham.. e•' R. "Stormwater Utility" or "Utility" means the enterprise V^; Lundc utility created by this Ordinance to operate, maintain and '• '(;;.: improve the system. - '•Lc° .. S: .. "Stcrmwater:Utility Fee" means a Utility fee authorized by- Florida law and this Ordinance which is established to pay j �i Operati'ons, and Maintenance; Extension and Replacement and Debt :.T. "Tax Collector" means the Tax Collector of Collier county, Florida. SECTION SEVENt ESTABLISEMENT OF A 8TORMEATER UTILITY .r.. '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 improves,ent of the public stormwater systems, and which Utility shall operate an a Section of the Water Management Department within the =*: Environmental Services Division of the County. SECTION EIGHTS ESTABLX831NENT OF A STORKWATZR UTILITY ENTER?RI88 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 coats of (i) operations and Maintenance, (ii) Debt Service and (iii) Extension and Replacement. -- ,,;Z, „• p, SECTION NINES 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 ® Q43PAGt232 -a- Agenda Item No. 16F7 Jul Pal thereof; provided, that notes issued in anticipation of the issuance of Bonds may be retired out of the proceeds of such Honds.. % 220TIOM TIM:' ' DEVELOPKENT, IKPLEKENTATIONt AND APPLICATION OF .. lUNDINO The Board shall provide for the development, implementation, and application of various funding methods including but not F limited to the service charges, special aosessmants, non ad valorem assessment*, Saes for services or in-lieu of regulatory requirements, tines, penalties, impact fees, and such other equ a on...... vve .. funding methods as the County may be authorized to use as it determines by subsequent resolution. BEOTZON EZMM: OPERATINO 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 LEVELB OF RATES FOR STOAKWATER UTILITY FEES AND ASSESSKENTS 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. BECTZOM WIRTZZNI IKPOBITIOK OF BTORNMATER 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. ^.'A:. BECTION FOURTEEN: EBTABLIBEINO AREA OF OPERATION, BENEFIT AREAS Area of operation. (a) The Board shall describe and establish the initial of Operation and shall make such modifications as it determines by subsequent resolution as provided herein. ® 043 PA(A 233 -9- Agenda Item No. 16177 July Page (2) Benefit Aroma. •' r.. (a) The Board may describe and establish Benefit Areas .' within or without the Area of Operation and may establish add3tibnal.Benefit = Areas, and make* such' modifications as it determines by subsequent resolution an provided herein. BECTIOX FIFTEZj(C NOTICE REGUIREMENTB FOR REBOLUTIONS • RBTABLIBRING OR MODIFYING AREA OF OPERATION, BENEFIT AREAS AND BETTING OR MODIFYING RATEs A public hearing shall be held prior to adopting resolutions establishing or modifying an Area of operation, Benefit Areas, or setting zr 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. BBCTION SIXTEENS ASOXBBMEMTB 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 Foes. (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 8afV1.Oe._ The.,Board in its discretion may determine that Assessments should vary by Benefit Area based on its review of the facts, including benefits received, burdens prod4ced and services r N,' rendered. (2) Utility Penn. Utility Fees shall be initially imposed and may be later modified by Board resolution as provided herein. Any Board resolutions imposing or modifying Utility Peas shall set forth (i) the Area of Operation or Benefit Area to which the Utility Fee applies (ii) what portion of the Utility Fee will to used for the costs of Operations and Maintenance, Extension and Replacement and Debt Service and (iii) the Utility Fee rate, if 0 043PALE234 _10_ Agenda Item No. 16F7 July Pa9E applicable. 'The Board in its discretion may determine that Utility Fees should7 vary by Benefit Area based on its review of the'.,facts includingo benefits received, burdens produced and 4 services- rendered. 4 j , BECT201Ir.EEVENTEENi•+CREDITB AGAINST UTILITY 1EEH AND ADBESBMENTB �C�s^, jWCOpiY' ty. iovnerwmey' .race ivetcredit- against_Utility Fees and Assessments in amountsrapprovad by,.th.:'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, Denefit Area or setting Utility Fees and Assessments. SECTION EIdMTEEN: EILLIMO AND PAYMENT 07 UTILITY FEED OR ABBEDBMLNTB, PENALTIEDj ADJUBTMENTB j� The Board shall, by resolution, establish the sathod 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 5401.0893, Florida Statutes, as amended. ()ECTZON NINETEEN: ADJUSTMENT 07 UTILITY rEH AND ABDEBSNENTB) CORRECTIONS. (1) owner- Snitiated 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 Assessment Is incorrect may, subject to the limitations not forth herein, submit an adjustment request to the Director. (b) The adjustment request shall be in writing and scat forth, in detail, the grounds upon which the correction is sought. 0 043 FAq 235 -11- Agenda Item No, 16F7 July Page (c) The adjustment request of a Utility Fee or Assessment must be made within thirty (30) days after the data of its first class mailing. The adjustment request will be reviewed by•thacDirector within three (3) months from the date of filing of th4=addAntmant,.request:r- consideration byrthe- Director of the ownerfX ' request. f or. 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 pai&—.1f the Utility Yea or Assessment is placed on the real prVVPVty_tpx' bill, the_credit'shall be so noted on the respective owner's real property tax bill. (d) The owner requesting the adjustment riay be required, at his own cost, to provide supplemental information to the Director including, but not limited to, survey data approved g "�:r.;.,.: "•;'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 Few or an Assessment will be furnished to the owner, in writing, by the Director. If the Utility Fee or an Assessment is *•: =s" 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) Bight 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. RBI a43►a.s236 _12_ Agenda Item No. 16F7 July Page (3) Count's- Initiated Adjustments. If the Utility Fee or an Assessment is placed on the Tax Bill, any errors in the Utility - You 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._ -Fas or AMAaseesment or failure to charge a Utility Fee -or Assessment may-be corrected by the Director. Correctiono vhichsrasult 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 tan (10) days notice by certified mail and an opportunity to be heard by the Hoard. once the.adjustment is finalized, the Director shall send document %tion reflecting the adjustment to the owner end, if the Utility Fee or i :y. Assessment is placed on the Tax Bill, the documentation will also be-sent to the Tax Collector. CREATION OF A CONPAENENBIVE ETORNWATER NANAOENENT UTILITY CODE The Board may create and adopt a Comprehensive Stormwater Management Utility Code for the county. SECTION T1MINTY-ONE: CONFLICT AND SUVERABILITY 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. ® rt ° PA; 237 -13- sss� ,,,Aaenda Item N July Page PASSED AND DULY.ADOPTED by the Board Of County Commissioners of-Collier County, Florida this _4L day of 1991. , iTTZBTL._.- BOARD OF COUNTY COMMISSIONERS .7mms C. Gi4*XS , Clark • COLLIER COUNTY, FLORIDA ef By: rATRICIA ANNE GOODNIGHT Chairperson 'Approved 'as to fors and ..,lag!Ll.sufficisnoy: This oldlRn­ " with the CHIC0 the =0001r3a" I? &%d acknowledgment of that filing welyw ;h1j. ..day Of 1� Id �t -L.Crzn / M 043ML Z39 -14- lk This oldlRn­ " with the CHIC0 the =0001r3a" I? &%d acknowledgment of that filing welyw ;h1j. ..day Of 1� Id �t -L.Crzn / M 043ML Z39 -14- Agenda Item No. 16F7 TAT# 01 FLORIDA ) " qW . . RTY 01 COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the 'Twantleth Judicial Circuit, Collier County, Florida, do x? heraby certify that the foregoing is a true copy of: ordinance No. 91 -27 1 .. ?hhich was adopted by the Hoard of County Commissioners on the 19th day of March, 1991, during Special Session. WITNESS my hand and the official seal of the Board of P� County Commissioners of Collier County, Florida, this 20th day of March, 1991. JAMES C. GILES ',LAS 1: w: Clark of Courts and Clergy;` Ex- officio to Board of .._ County Commissioners +% y: /e /Maureen Ken Deputy Clerk 10 PAP "q r t. 3 ® 943PIG1239 ter;;: Agenda Item No. 16F7 July 27, 2010 Page 20 of 25 RESOLUTION NO. 2005-115 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, DIRECTING THAT AD VALOREM REVENUES (GENERATED FROM .15 MILLS) SHALL BE DEDICATED TO COLLIER COUNTY'S STORMWATER UTILITY FOR FISCAL YEAR 2006 AND THE NEXT NINETEEN FISCAL YEARS WHEREAS, In Collier County Ordinance No. 91 -27, ( "The Collier County Stormwater Utility Ordinance "), the BCC concluded that it was necessary to undertake a stormwater management program ( "Program ") and thereby created a "Stormwater Utility" to set aside funds to pay for the Program; and WHEREAS, the Stormwater Utility is an enterprise fund to operate, maintain and improve the County's stormwater management and capital improvements thereto; and WHEREAS, Ordinance No. 91 -27 established the "Stormwater Utility Enterprise Fund" to account for all revenues, expenditures, assets, earnings of the utility, in which all revenues from the stormwater utility shall be deposited, and that such monies shall, in order of priority, (i) pay the costs of operations and maintenance, (ii) debt service, and (iii) extension and replacement of the system; and WHEREAS, depositing these ad valorem tax revenues as directed herein will dedicate to the Stormwater Utility anticipated monies of at least $7 million for fiscal year 2006 and for each of the County's next nineteen fiscal years; and WHEREAS, depositing these ad valorem tax revenues (the amounts determined by applying .15 mills of these ad valorem taxes) into the "Stormwater Capital Improvement Fund - Fund 325" is an internal dedication of these funds that does not reduce or increase the total ad valorem tax revenues to be collected by Collier County; and WHEREAS, to the greatest extent allowed by law, this Resolution irrevocably dedicates these tax revenues to the County's Stormwater Utility, including with regard to acquiring grant monies, issuing bonds, and implementation of the Stormwater Capital Improvement Program. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. All of the County's applicable officers and employees are hereby directed that the dollar amounts of the County's ad valorem tax revenues received in Fiscal Year 2006 and for the next nineteen fiscal years (resulting from applying in each fiscal year a millage rate of .15 mills), shall be dedicated to the County's Stormwater Utility by depositing these revenues into "Fund 325 - The Stormwater Capital Improvement Fund." 2. This Resolution shall take effect immediately upon adoption. ADOPTED this 8th day of March 2005 after motion, second and majority vote favoring adoption. ATTES .( .... . ..D "� ®,,, BOARD OF COUNTY COMMISSIONERS DWIGf�� f'BROEK,9ferk OF COLLIER COUNTY, FLORIDA By: . y. to Lhatr*en't FRED W. COYLE, Ch r an- uatte ffyaatrre only. Approved as to form and legal sufficiency: Thomas C. Paler, Assistant County Attorney Agenda Item No. 16F7 July 27,. 20 ",0 Page 21 of 25 RESOLUTION NO. 2008- 80 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING AND CLARIFYING THE COUNTY'S STORMWATER FUNDING, OPERATION, AND MANAGEMENT POLICY WHEREAS, Collier County is responsible for many public Secondary and Tertiary stormwater system facilities in unincorporated Collier County; and WHEREAS, the effective management of the County's storrwater systems is to provide drainage and flood protection for existing and future development, to minimize degradation of the quality of receiving waters and surrounding natural areas, and to promote groundwater aquifer recharge areas; and WHEREAS, the Board recognizes the need to provide adequate levels of funding to support management, planning, operation, construction, maintenance, repairs to and replacements of the above- referenced stormwater facilities, including compliance with the County's obligations regarding the National Pollutant Discharge Elimination System (NPDES) Program; and WHEREAS, this Resolution is to amend and clarify the County's stormwater funding policy regarding management, planning, operation, construction, maintenance, repairs to and replacements of the above - referenced County stormwater facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Funding of Stormwater Management 1. To the greatest extent authorized by law, all of the County's applicable officers and employees are hereby directed that the dollar amounts of the County's ad valorem tax revenue dedicated to the County's Stormwater Utility will be deposited into Fund 325 and Fund 324. Definitions of terms are noted in Attachment "A" which is made a part of this Resolution. 2. The Stormwater Utility primarily funds the stormwater program designed to improve the overall flood protection capability and water quality improvement capacity of identified deficient sections within the existing secondary system of Collier County 3. Tertiary System projects are proposed only when determined by staff to be the most cost effective and efficient means to resolve a Secondary System deficiency or when the Board of County Commissioners decides there is a specific health, safety or welfare concern regarding the Secondary System or Tertiary System. Additionally, County Stormwater Utility funds cover expenditures necessary for compliance with the County's °NPDES Phase II MS4 General Permit." Funds to pay for capital projects and maintenance projects funded from Fund 3 25 shall be allocated in each budget adopted by the Board of County Commissioners based on the Annual Update and Inventory Report Agenda Item No. 16F7 July 27, 2010 Page 22 of 25 (AUIR). Such projects shall be primarily focused on the County's Secondary System and be directed to increasing the cubic feet per second flow capacity for flood control and acre feet storage for water quality and acquifer recharge. 4 Improvements to the secondary system will, in many cases, resolve the current drainage problems within neighborhoods as the localized tertiary systems are able to more effectively be conveyed to the primary system and outfalls with less backflow onto neighborhood lands. 5. Public funding in the County Stormwater Utility should not be used to fund problems with the tertiary system where such drainage problems are the direct result of action of the developer, the Homeowner Association or the individual property owner to alter their stormwater facilities approved when the property was developed. However, the County or Water Management District might have the need to fund or provide the proportional support for tertiary system improvements where action of the governmental entity created or contributed to the deficiency. Rather than setting a preset proportionate funding for tertiary improvements, each separate issue will be addressed by the Board, upon analysis by staff and input by the affected property owners on the funding split, if any, based on contribution to the deficiency. Purpose of Funding Policv 6. This stotmwater funding policy is intended to meet the demands of Collier County's rapid land development and population growth, and to promote, protect, and improve the health, safety and welfare of individuals by safe, reliable and economical administration, management, planning, construction, maintenance, repairs, replacements, and operation of the County's Secondary Stormwater System; and to fund the County's Tertiary Stormwater Systems when needed to facilitate operation of the functionally related County Secondary System. 7. Collier County Resolution No. 2005 -115 provides for funding of "Fund 325 — The Stormwater Capital Improvement Fund," for implementation of the County's Stormwater Capital Improvement Program, by depositing proceeds from 0,15 mills or the Board approved dedicated millage of ad valorem tax revenues into Fund 325 until and including Fiscal Year 2025. 8. This Resolution is consistent with the dictates of Ordinance No. 74 -50, as amended, "Water Resources Management" (Article Ii of Chapter 90 of the Count)'s Code of Laws and Ordinances); Article It of Chapter 62 of the Code of Law and Ordinances, "Flood Damage Protection" (Ordinance No, 86.28, as amended); and the Land Development Code, including Section 6.050.00 therein, "Water Management Systems and Drainage Improvements Standards." 9. Collier County does not fund the Primary System ( "primary watercourses ") because the Primary System is the responsibility of the Big Cypress Basin of the South Florida Management District ( "District ") pursuant to an Agreement, dated October 30, 2000, between the County and that District, which also provides that the County shall be 2 Agenda Item No. 16F7 July 27, 2010 Page 23 of 25 responsible for planning, operation, maintenance and capital improvements of all secondary watercourses. County staff will continue to pursue partial funding from the Big Cypress Basin for maintenance of the Secondary System as has been provided by the Basin in the past. 10. When a tertiary stormwater system issue warrants an improvement, a determination will be made by stormwater staff as to the issue's cause and responsibility. Funding of such improvements will be based on the Board of County Commissioners approval of a proportionate share contribution from parties deemed responsible, including and not limited to a community, individuals, developers, property owners association, etc. 11. Money received from grants, developer agreements, Municipal Service Taxing UmtsBenefit Units (MSTU /BU), donations, and other funding sources can be expended for all purposes regarding the County's stormwater systems as authorized by the respective budget approved by the Board of County Commissioners and as otherwise permitted by law. 12. If any Fund(s) referenced in this Resolution is/are hereafter renumbered, the renumbered successor in function Fund shall continue to be subject to this Resolution (as if not renumbered). Capital and Ooerating Budget. 13, The Board shall adopt a Capital and Operating Budget not later than the first day of each Fiscal Year. Each Budget shall specify the estimated revenues and estimated costs for the above - referenced stormwater Funds. The Capital Budget may include funding for general maintenance, specific maintenance projects, and specific stormwater projects including specific major repairs, specific major replacements, and/or specific System extensions. THIS RESOLUTION is hereby adopted after motion, second, and majority vote by the Board ofCollier County Commissioners on this 25'h day of Match, 2008. ATTEST: r BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK- Clerk COLLIE7?F�)L� TY, FLO IDA. . By. G BY Deput y Cl Tom Henning, Chairman ft"a of ttot cmirfM 1 Approved as to toim and legal sufficiency ' item tt ] J,l.r By: ((!' ^- Agenda t-0 Scott R. Teach, Date Managing Assistant County Attorney iec'd 3 ATTACHMENT "A" Definitions Agenda Item No. 16F7 July 27, 2010 Page 24 of 25 "Capital Improvement" means a stormwater project designed and constructed to improve the stormwater Level of Service through the construction of stormwater facilities including providing drainage and/or flood protection for existing and/or future development, to minimize degradation of water quality of receiving waters and/or surrounding natural areas, and/or promote natural groundwater aquifer recharge areas. "Maintenance" means ordinary maintenance, including minor repairs and/or minor replacements required to keep the respective Stormwater System or part(s) thereof in a condition to function properly, or to prevent decline of pipes, culverts, canals, swales, ditches, control structures, and other stormwater facilities. The primary purpose of maintenance is to keep the Stormwater Facility functioning in the manner as designed. Improvements that increase the conveyance capacity or retention/detention capacity of the Facility are capital Improvements. " NPDES" - As used in this Resolution, NPDES is limited to the County's obligations under its "National Pollutant Discharge Elimination System ( NPDES) Phase II MS4 General Permit," which regulates discharges of stormwater into surface waters of the State of Florida from the County's Municipal Separate Storm Sewer System ( "MS4 "). In Collier County the MS4 includes the Secondary System, and Tertiary Systems including County and State road drainage systems. "Primary System" means the Stormwater System that is neither the Secondary System nor any Tertiary System. The Primary System in unincorporated Collier County is administered, managed and controlled under the jurisdiction of the Big Cypress Basin of the South Florida Water Management District. "Secondary System" means the system of canals, ditches, swales, outfalls and other structures that are neither pact of the Tertiary System nor part of the Primary System. The Secondary System typically receives stormwater from a Tertiary System or directly from a neighborhood's drainage system, and conveys such water directly into the Primary System watercourses or directly into a receiving water. The County's Secondary System is identified in a document created and up -dated from time to time by the staff of the County's Stormwater Department. " Stormwater Facilities" means tangible assets, including, but not limited to, ponds, Pumps, pipes, culverts (including driveway culverts), inlets, weir control structures, canals, ditches, swales, and other appurtenant structures. "Tertiary System" means, and is limited to, small systems that have relatively limited conveying/holding capacity, as follows: (a) Neighborhood drainage system that collects stormwater from the respective neighborhood and conveys that stormwater away from 4 Aganda item No. 16F7 July 27, 2010 Page 25 of 25 that neighborhood into either the Secondary System, directly into the Primary System, or directly into a receiving water; or (b) Public maintained roadside stormwater system, including small roadside swales and retentiom detention ponds, that provide stormwater connectivity from public roadway surfaces into either the Secondary System, directly into the Primary System, or directly into a receiving water.