Ordinance 97-44 RECEIVEn .
Clerk
ORDINANCE NO. 9'/- t.t. ,. of Bn~rd
AN ORDINANCE ANtENDING COLLIER COUNTY ORDINANCE NO.
90-86, AS AMENDED, BY AMENDING APPENDIX C TO SAID
ORDINANCE, TO EXCLUDE ADDITIONAL CERTAIN AREAS FROM
THE I!MPOSITION OF WATER [/VIPACT FEES; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR THE IIN'CLUSION
IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier Cotrely on November 27,
1990 enacted Collier County Ordinance No. 90-86, establishing a Collier County Regional Water
Systems Impact Fees Ordinance, as ranended; and
WHEREAS, the Board of County Commissioners on November 10, 1992 enacted
Collier County Ordinance No. 92-91, amending Appendix C to Collier County Ordinance No.
90-86 addressing excluded areas from the imposition of water impact fees; and
WHEREAS, the Board of County Commissioners has alternate, cumulative and
supplemental authority to plan for and provide water and sewer systems under the Laws of the
State of Florida, including but not limited to Chapters 125, 153 Part II, 163, and 380, Florida
Statutes; Chapters 67-1246, 78-489 and 88-499, Laws of Florida; and Article VIII of the
Constitution of the State of Florida; and
WHEREAS, the Board of County Commissioners determines that it is in the best
interests of the County to amend Appendix C of the Collier County Ordinance No. 90-86, as
amended, to exclude certain other areas of the County from the collection of water impact fees
since the County is not presently planning to provide water service to these areas.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
Section One: Appendix C of Collier County Ordinance No. 90-86, as amende_d,
..:~
is hereby amended to read as follows: : 7 q
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APPENDIX C
AREAS GENERALLY EXCLUDED FROM IMPOSITION OF WATER IMPACT FEES
Lands within Collier County generally excluded from the definition of Water System
Impact Development as defined in the Collier County Regional Water System Impact Fee
Ordinance, Collier County Ordinance No. 90-86, as amended:
A. Those areas lying within the Marco Water and Sewer District. Exclusion of the
Marco Water and Sewer District recognizes this area is not presently planned to be served by
treatment capabilities of the Regional Water System.
B. Those areas lying within the Goodland Water District. Exclusion of the Goodland
Water District recognizes that this area is not presently planned to be served by the treatment
capabilities of the Regional Water System.
C. Golden Gate Estates, Unit No. I, Plat Book 4, Page 73, Public Records of Collier
County, Florida.
D. Golden Gate Estates Unit No. 2, Plat Book 4, Page 75, Public Records of Collier
County, Florida.
E. Golden Gate Estates Unit No. 3, Plat Book 4, Page 77, Public Records of Collier
County, Florida.
F. Golden Gate Estates Unit No. 4, Plat Book 4, Page 79, Public Records of Collier
County, Florida.
G. Golden Gate Estates Unit No. 26, Plat Book 7, Page 15, P, ublic Records of Collier
County, Florida.
H. Golden Gate Estates. Unit No. 27, Plat Book 7, Page 17, Public Records of Collier
County, Florida.
I. Golden Gate Estates Unit No. 28, Plat Book 7, Page 19, Public Records of Collier
County, Florida.
J. Golden Gate Estates, Unit No. 29, Plat Book 7, Page 57, Public Records of Collier
County, Florida.
K. Golden Gate Estates, Unit No. 30, Plat Book 7, Page 58, Public Records of Collier
County, Florida. This subdivision is now part of Florida Cities Water Company's certificated area.
L. Golden Gate Estates, Unit No. 31, Plat Book 7, Page 59, Public Records of Collier
County, Florida. This subdivision is now part of Florida Cities Wate~ Company's certifieated area,
M. Golden Gate Estates, Unit No. 32, Plat Book 7, Page 21, Public Records of Collier
County, Florida.
N. Golden Gate Estates, Unit No. 33, Plat Book 7, Page 60, Public Records of Collier
County, Florida.
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Words underlined are added; words struck thr$u~h are deleted.
O. Golden Gate Estates, Unit No. 34, Plat Book 7, Page 23, Public Records of Collier
County, Florida.
P. Golden Gate Estates, Unit No. 35, Plat Book 7, Page 85, Public Records of Collier
County, Florida.
Q. Golden Gate Estates, Unit No. 95, Plat Book 9, Page 45, Public Records of Collier
County, Florida.
R. Golden Gate Estates, Unit No. 96, Plat Book 7, Page 94, Public Records of Collier
County, Florida.
S. Golden Gate Estates, Unit No. 97, Plat Book 7, Page 95, Public Records of Collier
County, Florida.
Exclusion of the above-referenced platted areas in Golden Gate Estates recognizes hhat the
nature of the previous developme," platting of these areas primarily into large residential tracts,
the present zoning and constraints of the Comprehensive Plan have severely limited the density and
use of these areas in such a way as to make it impractical to serve most of these areas in the
foreseeable future via the Regional Water System or any other centralized water utility.
T. Those areas lying within the Marco Shores S'.:bd"v';:!:n, Unit 1. within Sections 26 and
27. Township 52 South, Range 26 East and recorded in Plat BoOk 14,, page ;~4 of the public
Rcqords of Collier County, Florida. Exclusion of the Marco Shores S'.:Sd!:'!c.!en Unit !.
recognizes that this area is not presently planned to be served by treatment capabilities of the
Regional Water System.
Wa:cr Eyc:c..-n ' .... · Fee Ord~n=':.cc ~n ,t._ came ma:'_':.er ~ :r ~^:., ,._.~ .......~.^_~...:~.,, ^~
1.J. Ridge Farms Subdivision (not platted) - Begin at SoutheaSt COmer Of Section 6
TOwnShip 49 South, Range 26 East, Collier County, FlOrida; thence: north 88 degrees ~0
minutes I~ Seconds east along the $guth line Of Said Section 6: thence t~orth 0 de~rees 13
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minutes 20 sccond~ we~t alOmz the east liq~ of Section 6 a distance of 3044,40 rcct to the east
quaz'tcr comer; thcnce continuing north alomz said line. a distance of 428.84 feet: thence !cavimz
~aid ca~t }ine north 8~ degrec1~ 4(;) minutc1~ 58 second~ we~t. a distance or 1285.80 feet: thence
south ] de~ree ]O minute:~ ;~;5 seconds east, a di.s~anc¢ of 5;3.35 feet: thence south 0 deizrees 00
minutes 00 seconds east, a distance of I;]7.19 feet; thence north 88 degrees 41 minutes.
~condS west, a distance of ;]959.46 feet to the east line of af0reraid Section 6; thence s.outh 0
degrees 00 minutes 00 seconds east along said east line a distance of ;]038.77 feet. to the point Of
beginning; said described tract containing 371.460 acres, more or lesS. More generally
described as those properties adiacent to or abutting; Hunters Road, Livings.tOn ROad, and
Danlois Road.
V. Areas North of Radio ROad - located within Section 3 I. Township 49 SOuth, Range
;6 EasL Collier County. Florida. more specifically described as those or _oOcrtics ad_iaccnt to or
abutting; San Marco BIrd,, St. Clair Shores ROad, (;)wen Lane, a41d Family Circle Lane,
W. All of Section 8, Township 50 South, Range 26 East {excluding F.a. lling Waters);
Parts of Section 9, Township 50 South, Range 26 East; Parts of Section 16, Township 50 South,
Range 26 East; Part of Section 17, Township 50 South, Range 26 East; and part of Section ?,
Township 50 South, Range 26 East all of Collier CountY, Florida; mord Specifically described
aS those properties adiacent to or abutlinK: Heritap. e Trail. Unity Way, Co~ Lane, Crews Road,
Co~tY Barn Road, Sheddon Lane, Whittaker Road, Sunset Blvd., Sandy Lane, Adkins Avenue,
Everett Street, Polly Ave., Wcndy Lane, Landsdale Lane and Cynthia Way,
X. Those areas [yin~ within the Key Marco Community Development DiStrict.
Exclusion of the Key Marco Community Development. Di.s~Ct reCOgnizeS that this area
outside the Collier County Water-Sewer DistriCt.
Y. All those areas lying within the C0]ljcr County. Wa.~Cr and WaStewater Authority
certi~cated areas of Florida Cities Water Company, and Florida Water Services Corporation
{fo.rTnerly known as Southern States Utilities, Inc.), or their successors or assigns, located
within Collier County, Florida. The only exceptions to this prOvisiOn t.o provide service within
the~e certificated areas may exist when all .parties enter into a wri.tten agreement for water
.service.
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Words underlined are added; words ctrack through are deleted.
Z.. All those areaS located within the City of Naoles service areas as described in the
October. 1977 City/County Ac, recment and amcndmcnts thcrcto,
AA. Area Of CR951 and US41; one mile sections tha~t run west of the Collier County
Water-Sewer DiStrict Boundary as described; All 0f Section ;16. TomhiD 49 South. Rani~e 26
F.~t; All of Sections 1.11.14. 23. 26 and 35. Townshio 50 South, Range 26 East: All of
Section 2. Township 51 South, Range 26 East; Parts of Sections I. 11. and 12. Townshio 51
South, Range 26 East; Parts of Sections 7, 8, 16. 17. 18.20. 21.22. and 27. Townshio 51 South.
Range 27 East, all of Collier County, Florida,
HOwever, all of the abOve exclUsiOns are not ilb.~tUte and lands Iviniz within the
excluded areas which either are required tO or request connection tO the RegiOnal Water System,
or OtherwiSe create a growth necessitated demand tO expand the Regional Water System, shall
be $ubiect to the impoSitiOrl Of imp. act fees under $ection 2,01 0f the Collier County Reszional
Water SyStem Impact Fee Ordinance in the Same manner as if Said lands were characterized aS
Water System Impact DevelOpment.
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 dfthe 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 portion.
Section Three. Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered
or relettered 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 this Ordinance with the Department
of State.
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Words underlined are added; words strut:; ~u ...... are deleted.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this F'TZ day ~_/~ 1997.
,~tlGHT D. f~2CK, Clerk BOARD OF COUNTY COMMISSIO~EP~
' ~ .."'.' ~;. ".,'., ~ OF COLLIER CO~. FLOmDA
. ~'." ~' / ' By:
- ':.. ~, ~Mo~'~ ~ocL C~m~
Approved as to form and
legal sufficiency:
,~sslst'ant Count'~ Artdmey'
and acknow~edgem~'nt of
filing eceived this ,/~Z- day
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Words und.e3Llined are added; words ;truck ,L ..... L are deleted
_ , ~-,~,, .
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
eJudicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 97-44
Which was adopted by the Board of County Commissioners on the 9th day
of September, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 10th day of September,
1997.
DWIGHT E. BROCK ~ '..~- ~ ~ ~ ~:/j
Clerk of Courts and Clerk.
Ex-officio to Board of "
County Commissioners .: ~{ '~
By: /s/Susan Barbiret~~ "" ."'~
Deputy Clerk /2~ ...... '..~
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