Ordinance 2008-31
ORDINANCE NO. 2008- ;n
RDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO.
2001-13, AS AMENDED, KNOWN AS THE COLLIER COUNTY
CONSOLIDATED IMPACT FEE ORDINANCE; PROVIDING FOR A
TECHNICAL CORRECTION TO THE USE OF FUNDS PROVISIONS
BY DELETING AN OBSOLETE REFERENCE TO THE CAPITAL
IMPROVEMENT ELEMENT; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Collier County has used impact fees as a funding source for growth-related
capital improvements for various facilities since 1978; 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
superseding 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
WHEREAS, the Annual Update and Inventory Report (AUIR) identifies the capital
facilities needs for public facilities over a five-year time period for both Category "A" and
Category "B" Facilities; and
WHEREAS, the AUIR is adopted annually by the Board of County Commissioners; and
WHEREAS, the AUIR forms the basis for the annual update of the Capital Improvement
Element (CIE) for the Category "A" facilities; and
WHEREAS, it has been identified by the County Attorney and staff that, based on the
above, an obsolete provision exists within the Collier County Consolidated Impact Fee
Ordinance regarding the use of funds for those projects contained in the County's five-year CIE;
and
WHEREAS, the Impact Fee Ordinance provides that "revenue derived from the impact
fee shall be utilized only for capital improvements and additions to the public facilities which are
reasonably determined to be caused by the impacts of new development" which provides the fee
payers certainty in the use ofthe impact fee funds; and
WHEREAS, the County Attorney and the County's Impact Fee Consultant recommend
that the Board of County Commissioners amend the Impact Fee Ordinance to remove the
provisions for internal ordinance consistency.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF rotJNff
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
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SECTION ONE. Article II, Impact Fees, Section 74-203, Use of funds, subsection (e):of tjie
Collier County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74-203.
Use of funds.
Underlined text is added; Swel, 1RrBYgk text is deleted
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(c) Impact fee trust funds shall not be used for any expenditure that would be classified
as a maintenance or repair expensc, Her shall they ee Ilsed eft iffij'lFs'/effiflflt prej Bets FIl'lt inelllded
ia the ee1:lftty's f.i:/e year em.
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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 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.
SECTION FOUR. EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 2."fl4ol day of June ,2008.
ATTEST'" . f 11'<'0
Dw.ight E. Brock, Clerk
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By:'"
Attest " tolJ~~
s1onat"" onl-
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By Jr'J'--
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Approved as to form
and e 1 ency:
Page 2 of2
This ordinance filed with th"
~..!:ytory of State's Office H,'
12Q:' day af 0"".h-_, ,~.B
and acknowledgement of thot
fili~hiS .::1""" day
of I, ~" .
By _u~ ./
Underlined text is added; &wuelt thFeygR text is deleted
STATE OF FLORIDA)
COUNTY 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 2008-31
Which was adopted by the Board of County Commissioners
on the 24th day of June, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 27th
day of June, 2008.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to BQailf'dlqQf
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County Commissi<'>ners ",
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By: Martha V&.!i'~r. ',' ; .,,:'
Deputy Cler'k: ",' ,