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Resolution 2002-088 17D RESOLUTION NO. 2oo2.~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, CORRECTING SCHEDULE TWO OF APPENDIX A TO CHAPTER 74 OF THE COLLIER COUNTY CODE OF LAW AND ORDINANCES, AS AMENDED, THE SAME BEING THE COLLIER COUNTY CONSOLIDA TED IMPACT FEE ORDINANCE, AS FOLLOWS: DECREASING THE WATER IMPACT FEE RATE THROUGHOUT BY $50.00 PER EQUIVALENT RESIDENTIAL CONNECTION (ERC); CORRECTING THREE SCRIVENER'S ERRORS IN SCHEDULE TWO TO APPENDIX A TO RESOLUTION NO. 2001.488, AS FOLI.OWS: (1) DELETING THE WORDS "BASED ON METER SIZE" IN tHE SEWER IMPACT FEE COLUMN APPLICABLE TO RESIDENTIAL USES; (2) DELETING THE FORMER INCORRECTLY UNDERSTATED WATER IMPACT FEE APPLICABLE TO A THREE INCH (3") WATER METER FROM $41,100 TO $43,040, WHICH INCLUDES THE PER ERC REDUCTION, AND (3) CORRECTING THE FORMER INCORRECTLY UNDERSTATED WATER IMPACT FEE APPLICABLE TO AN EIGHT INCH (8") WATER METER FROM $219, 200 TO $242,100, WHICH INCLUDES THE PER ERC REDUCTION; REPEALING AND SUPERCEDING RESOLUTION NO. 2001.488 INCLUDING ITS SCHEDULE TWO TO APPENDIX A. WHEREAS. on August 4, 1998, the Board of County Commissioners of Collier County adopted Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance, thereby establishing the County's then applicable water and sewer impact fee rates, and, as such, those rates have been in effect for more than three (3) years; 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 a single Ordinance. codified in Chapter 74 of the Collier County Code of Law and Ordinances (the Code), and incorporating the aforementioned water and sewer impact fee rates established by the adoption of Ordinance No. 98-69; and WHEREAS, the Board of County Commissioners also adopted Resolution No. 2001-488 on December 11. 2001 which increased water and sewer impact fees effective on January 1. 2002 in accordance with the findings in the 2001 Water and Wastewater Master Plans and the Water and Wastewater Impact Fee Studies; and WHEREAS. Section 74-502 of the Collier County Code of Laws and Ordinances states that impact fee studies should be reviewed at least every three (3) years, thus. the County has retained Public Resources Management Group. Inc. (the Consultant) to review the existing water and sewer fees and recommend changes to the fees where appropriate; 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; and WHEREAS. it has been discovered that the currently applicable water and sewer impact fees are based upon under-projected population figures, resulting in an undersized capital improvement master plan. and the County's exceptional growth in the past three (3) years, in conjunction with the expansion of the Collier County Water-Sewer District service area as contemplated in the Rural Fringe Area Assessment Conceptual Strategies. indicates that the Board should undertake assertive, proactive measures to match water and sewer capacity with future needs; and '~-:~ - 17D WHEREAS, the County's Consultant has recommended that the County increase water plant capacity by 32 million gallons per day and wastewater treatment capacity by 34.8 million gallons per day over the nell:t nine (9) years, at an estimated cost to future utility system users of $639 million; and WHEREAS, the County's Consultant recommends a water impact fee rate increase from $1,275 per equivalent residential connection (ERe) to $2,690 per ERC, an increase of $1 ,415, or 110.98 percent; and a sewer impact fee rate increase from $1,575 per ERC to $2,840 per ERC, an increase of $1.265 or 80.3 percent; and WHEREAS, the County's Consultant also recommends increasing the non-residential water and sewer impact fee rates as specified in the attached revised Schedule Two of Appendix A; and WHEREAS, the above recommended rate increases reflect the establishment of water and sewer impact fees at the maximum level allowed in accordance with equity tests established by previous case law in the State of Florida; and WHEREAS, on December 11, 200 1 the Board of County Commissioners directed staff to work with the Collier Building Industry Association (CBIA) for thirty (30) days to address any concerns and issues, including further review of the impact fee studies; and WHEREAS, additional review of the relevant information resulted in discovering the following with regard to Schedule Two to Appendill: A to Collier County Resolution No. 2001-488: (1) Need to reduce throughout each equivalent residential connection (ERe) for water service by fifty dollars ($50.00) because, based upon the applicable rate studies. the former figures are overstated by $50.00 per ERC; (2) the water impact fees applicable to three inch water meters was understated because of a scrivener's error, and (3) the water impact fees for eight inch water meters was understated because of a scrivener's error; and WHEREAS, this Resolution corrects the errors that exist in the initial Schedule Two to Appendix A to Resolution 2001-488. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The water and sewer impact fee rates as set forth in Schedule Two of Appendix A in Collier County Resolution No. 2001-488 be corrected effective retroactively to January 1.2002, the date that those rates originally went into effect. 2. The water and sewer impact fee rates set forth in the revised Schedule Two of Appendix A of Ordinance No. 2001-13, as amended, the Collier County Consolidated Impact Fee Ordinance, the same being Schedule Two of Appendill: A of Chapter 74 of the Collier County Code of Law and Ordinances, attached hereto, and incorporated be reference herein as Exhibit "An are fair and reasonable sums to be assessed to those who receive the benefits of new and expanded water and sewer public facilities necessitated by increased population and related development. 3. Upon review of the applicable impact fee studies subsequent to the adoption of the original Schedule Two to Appendix A to Resolution 200 1-488. staff has determined that '~ ..4 . 170 ...... (i) In the applicable Rate Study one potable water related capital project was inadvertently counted twice in two (2) different time periods. Correction of this double- counting requires a reduction to the residential water impact fee by $50.00 per equivalent residential connection (ERe). (ii) A scrivener's error in Appendix A to Resolution No. 2001-488 indicates that the sewer impact fee applicable to a single family dwelling with more than four (4) bathrooms and/or more than 5,000 square feel of living area shall be determined "based on meter size." That is in error because the correct applicable sewer impact fee applicable to such units is and should be $2.840.00 per equivalent residential connection (ERe). (iii) A scrivener's error understated water impact fee rate applicable to a three inch (3") water meter for service to non-residential uses, and (iv) A scrivener's error understated the water impact fee rate applicable to an eight inch (8") water meter for water service to non-residential uses. 4. The revised water and sewer impact fee schedule as depicted in Schedule Two to Appendill: Z to Resolution 2001-488 became etIective on January 1,2002 except for these new rates will continue not be imposed to only new fully detached single-family residences that are constructed pursuant to a Collier County building permit issued on or before Friday, March I, 2002, and the residence is sold to the first purchaser and the purchaser will reside in the residence, and the title transfer closing documents prove that the residence was sold for a total purchase price of $130,000 or less. 5. In accordance with all of staff's recommendations, which are accepted by the Board of County Commissioners, this Resolution repeals and supersedes Resolution No. 2001-488, and its Schedule Two to its Ell:hibit A. all retroactively to January 1,2002. Any person who or entity that in the meantime was overcharged an impact fee because of application of the incorrect former Schedule Two to Appendill: A shall automatically be entitled to a refund (or credit) in the amount of the overcharge. If any person who or entity that was undercharged an impact fee because of application of any of the aforementioned errors in the formerly incorrect Schedule Two to Appendill: A to Resolution 2001-488, shall be automatically required to pay the sum that was undercharged. ~ ";'.~';' "'''P.d ,"" ~"~. ,~o" .., m,jo,'., """ '"oc'og "'oP"~ th.is". ' 2002. ....... ....fJ' ....~ ~." ..... . kIi<:t~.'~._~,. ...~~., = .'. :<'.,1,' ,,'/to ...,,-' " <;"'.: ' ::rtr~I1Y>>F' nl'oc~'-le~.: ~ ~: :~,:" . .. ::~~ .:/-~~: C- By: .~ 'teat II ~ Chlt,......s S1gt11turt Oftl,. Approved as to form and legal sufficiency: {OM. p~ Thomas C. Palmer, Assistant County Attorney 17D ..... APPENDIX A SCHEDULE TWO. EFFECTIVE JANUARY 1. 2002 WATER & SEWER SYSTEM IMPACT FEE RATE SCHEDULE RESIDENTIAL LIVING BASIS OF FEE METER ERC WATER SEWER SPACE ALLOCATION SIZE IMP ACT IMP ACT (Sq.Ft.) FEE FEE SINGLE F AMIL Y o to 4,999 Per Unit %" 1.0 $2,710.00 $2,840.00 (No more than Sq.Ft. $2.690.00 4 Bathrooms) SINGLE FAMILY Over 5,000 Meter Size! Per n/a Based on II a61Q lilleR (More than Sq.Ft. Per Unit Ordinance Meter Size meter 6iill 4 Bathrooms) $2.840.00 MUL TI-FAMIL Y o to 750 Per Unit Per .33 $-9Q4,OO $ 937.00 DUPLEX Sq.Ft. Per Unit Ordinance $ 857.50 MOBILE HOME Per Unit or Space TRAVEL TRAlLERJ Per Unit or Space R.V. (TTRV) MULTI-FAMIL Y 751 to 1,500 Per Unit Per .67 $1,g3~.99 $1,903.00 DUPLEX Sq.Ft. Per Unit Ordinance $1.802.50 MOBILE HOME Per Unit or Space MULTI-FAMILY 1,501 or More Per Unit Per 1.0 $2,719.00 $2,840.00 DUPLEX Sq.Ft. Per Unit Ordinance $2.690.00 MOBILE HOME Per Unit or Space NON-RESIDENTIAL: WATER METER SIZE WATER WATER SEWER IMPACT IMPACT IMPACT FEE FEE FEE SIB $ 2,719,00 $ 2.690.00 $ 2,840.00 '4 $ 2,719.99 $ 2.690.00 $ 2,840.00 $ US9.99 $ 6.725.00 $ 7,100.00 Ih $ 13,799.99 $ 13.450.00 $ 14,200.00 2 $ 21.929.99 $ 2] ,520.00 $ 22.720.00 3 $ 11,109.00 $ 43.040.00 $ 45,440.00 4 $ ~g,SOO.oo $ 67.250.00 $ 71.000.00 6 $137,999.99 $134.500.00 $142,000.00 8 $219,299.00 $242.100.00 $255,600.00 10 $397,399.00 $390.050.00 $411,800.00 12 $589,100.00 $578.350.00 $610,600.00 Alltellt that is 6lrlielt thrli existed in the original version of this Schedule Two. All underlined text is being added to this corrected Schedule Two The under-lined and struck-thru text herein is for convenience in ascertaining all changes that are being made to this corrected Schedule Two. All of these changes are retroactive to the original effective date of the original schedule.