Ordinance 2006-15
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~ D[f'[I\'ED ~ ORDINANCE NO. 2006- 15 s.t. ~
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\ 1; RDINANCE OF THE BOARD OF COUNTY COMMISSIONE~@F';:;
o~~ LLIER COUNTY, FLORIDA, AMENDING SECTION 74-308 (~t)F
~c~L'7.9"t4 HAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS .~ ~
ORDINANCES, THAT ORDINANCE BEING THE COLLIER COU~V "-R
CONSOLIDATED IMPACT FEE ORDINANCE, NO. 200,1-13, ~ c..n
AMENDED, PROVIDING FOR A CHANGE IN, 'f.tm
IMPLEMENTATION DATE FOR THE ANNUAL INDEXING
ADJUSTMENTS TO THE CORRECTIONAL IMPACT FEE RATES;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LA WS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, on June 22, 1999, the Board of County Commissioners adopted
Ordinance No. 99-52, the Collier County Correctional Facilities Impact Fee Ordinance, thereby
establishing the County's then applicable Correctional Facilities Impact Fee rates; and
WHEREAS, on March 13, 2001, the Board of County Commissioners adopted
Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and
superceding all of the County's then existing impact fee regulations, and consolidating all of
the County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the
Collier County Code of Laws and Ordinances (the "Code"), and incorporating the
aforementioned Correctional Facilities Impact Fee rates that had been established by the
adoption of Ordinance No. 99-52; and
WHEREAS, on September 27, 2005, the Board of County Commissioners adopted
Ordinance No. 05-47, thereby updating the Correctional Facilities Impact Fee rates through
the formal update study process; and
WHEREAS, Ordinance No. 05-47 also set forth an indexing methodology to be
imposed annually in an equitable and non-discriminatory manner; and
WHEREAS, the annual indexing was scheduled to be implemented on or about
November 1, 2006; and
WHEREAS, Collier County has experienced a rapid and dramatic increase in costs of
construction and property acquisition, well above the national average, since Ordinance 05-47
was adopted; and
WHEREAS, provisions in proposed legislation will allow for impact fees adopted
prior to July 1, 2006, to remain in effect until July 1, 2008, at which time they must fully
comply with all new provisions of law; and
WHEREAS, Collier County uses impact fees to supplement the funding of necessary
capital improvements required to provide public facilities to serve new population and related
development that is necessitated by growth in Collier County; and
WHEREAS, given the rapid increases of costs, the annual indexing of the Correctional
Facilities Impact Fee should be prepared early in order to meet the deadline established by the
proposed legislation; and
WHEREAS, this action will allow Collier County to continue to provide for capital
improvements to the Correctional Facilities system necessitated by growth.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
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SECTION ONE. Article III, Special Requirementsfor Specific Types of Impact Fees, Section
74-308, Special requirements for Correctional impact fee, of the Collier County Code of Laws
and Ordinances is hereby amended to read as follows:
Section 74-308.
Special Requirements for Correctional impact fee.
***
(g) Annual Mid-Cycle Correctional Impact Fee Rate Indexing. Beginning on November
1, 2005, the County shall commence a three-year Correctional Impact Fee update cycle
pursuant to Subsections 74-201(b) and 74-502(a) of the Code. In each of the two (2)
mid-cycle years (between the formal three-year updates) beginning on or about
Novomber I, 2006 May L 2006, the County shall implement adjustments to the
correctional impact fee rates based upon the building cost index provided by the
Engineering News-Record. Mid-cycle indexed rate change adjustments will be adopted
by a Resolution of the Board pursuant to Subsection 74-201 (b) of this Chapter.
SECTION TWO. 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 THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions in Section One of this Ordinance shall be made a part of the Code of
Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be
renumbered or re-Iettered and internal cross-references amended throughout to accomplish
such, and the word "ordinance" may be changed to "section," "article," or any other
appropriate word.
SECTION FOUR. EFFECTIVE DATE.
This Ordinance shall be effective immediately upon filing with the Florida Department
of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this ~ day of April, 2006.
ATTEST
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
.,~~CI '(}(hri~ By: ~~........
., . ," .. .., .,'. ~lerk FRANK HALAS, Chairman
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Approved as to form
an eg sufficiency:
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Y " Klatzkow
taIlt County Attorney
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F FLORIDA)
OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2006-15
Which was adopted by the Board of County Commissioners
on the 11th day of April, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 11th
day of April, 2006.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissione:;-~:,~ .i; ;).H
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