Ordinance 96-17 ORDINANCE NO. 96-17
~0~22~,':- AN ANCE AMENDING COLLIER COUNTY
~ORDINANCE NO. 90-86, AS AMENDED, KNOWN AS
THE COLLIER COUNTY REGIONAL WATER SYSTEM
<~?'~ t~XMPACT FEE ORDINANCE; BY AMENDING SECTION
~MPACT FEES AND ASSOCIATED COSTS; PROVID-
/ING FOR CONFLICT AND SEVERABILITY;
' PROVIDING FOR INCLUSION IN THE CODE OF
c""' LAWS AND ORDINANCES AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County
on November 27, 1990, enacted Collier County Ordinance No. 90-86,
establishing a Collier County Regional Water System Impact Fee
Ordinance; and
WHEREAS, the Board of County Commissioners of Collier County
on June 18, 1991, enacted Collier County Ordinance 91-50, amending
certain Sections of Ordinance No. 90-86 including Section 2.02;
and,
WHEREAS, the Board of County Commissioners finds it to be in
the best interest of the public to permit Owners of existing
buildings, structures, or applicable improvements mandated to
connect to the Regional Water System to enter into agreements to
extend payments of Water System Impact Fees and associated costs.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Amendments to Section 2.02 of Collier County
Ordinance No. 90-86, as amended.
Section 2.02 of Collier County Ordinance No. 90-86, as
amended, is hereby amended to read as follow:
Section 2.02 Payment.
A. Except as otherwise provided in this Ordinance,
prior to the issuance of a Building Permit where
applicable, all Applicants or Owners, as the case may
be, shall pay the Water System Impact Fee as set forth
in Section 2.01.
B. Subject to an availability of funds, the County may
enter into agreements to extend payment of Water System
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Impact Fees and associated costs over a period not to
exceed seven years with Owners of existing buildings,
structures, or applicable improvements which are
f~quircd mandated to connect to the Regional Water
System. Prior to the County entering into any
agreements to extend payment, and from time to time
thereafter, the Board shall identify a specific source
of funds to be used relative to providing extended
payment and the cost of such funds, including all
expenses or costs incidental to obtaining or providing
same, the interest rate that the Board or the Utilitiee
Administratcr PUblic Works Administrator or the ,
Depar~memt of Revenue Director will employ in offering
extended payment with interest and a reasonable
estimation or description of the administrative costs or
expenses associated with administering the extended
payment alternative.
1. The County shall only enter into agreements to
extend payment of the Water System Impact Fee to c~a
and associated costs with Owner~ of existing
buildings, structures or applicable improvementsT
arioc from paying, ~^ ^-~-^ v .... ~ ~^^ .~ ~^
timc of ccnnccticn mandated to connect. tO the
BegioDal Water System.
2. The amount of payment, including any title
verification expenses rcccrding fcc~, and a
reasonable estimation of the cost and expense
associated with providing an extended payment
alternative, shall be paid in equal monthly
payments with an annual interest rate as determined
and promulgated by the Board. State documep.t
stamp and recording fees shall be upfront costs
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~uah arp deleted.
borne by the owner and shall be paid at the time the
extended payment agreement is executed. The
interest rate charged shall be representative of
the County's cost of funds, including all expenses
or costs incidental to obtaining or providing same,
if any. The interest charged shall be adjusted
during Januarv of anv calendar Vear and shall be
based on the CouDty's cost.of funds for the
~mmediatelv Drecedin~ fiscal year.
3. With the exception of the approval and
execution of agreements, or an aggregation of
related agreements, with a face amount in excess of
$6,000.00, the Board hereby delegates to the
Utilitics Administratc= public Wor~ ~ini~trator
or the Department of Revenue Director the power and
authority to enter into and release such extended
payment agreements in conformance with the
provisions of this Ordinance. The agreement, and
any other associated documentation, shall be in a
form approved by the Board and acceptable to the
County Attorney and the agreement shall be recorded
in the Official Records upon approval of the
Utilitics Admini~tratea~ Public Works Administrator
or the Department of Revenue Director.
4. For an agreement, or an aggregation of related
agreements, to extend payment of impact fees and
associated costs with a face amount in excess of $6,000.
require the procedure and documentation for
extending payments to substantially and reasonably
conform to generally accepted and reasonably
applicable commercial lending practices, including
but not limited to the requirement for acceptable
personal guarantees from one or all of the Owners
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are deleted.
or individuals owning a beneficial interest in an
entity Owner. At its sole option the County may
contract with outside counsel or a servicing agent
to prepare such documentation and to advise the
County relative to conformance with generally
accepted commercial lending practices and the costs
of same shall be borne by the Owner.
~, Upon satisfactory DaVment of all principal.
interest, and associated costs under an eMtended
payment aqreement, the County shall execute a
sat~sfactioD of Lien and record it ~n the official
records Of Collier County. A copy of the recc&rde~
Satisfaction of Lien shall be mailed to the OwDe~
within sixt~l f60] days from receipt of full
payment.
S-~ 6. In recognition that the payment of the Water
System Impact Fee for existing mobile home park or
rental housing will in some manner be passed
through to the occupants by an Owner, and in
recognition that if such pro-rata Impact Fee
pass-through is collected as one single payment by
the Owner that such a pass-through may cause
financial hardship on these occupants, the Board,
in its sole discretion, may require the owner to
covenant and aqree, for the benefit of all affected
occupants, to pass through entirely and on the same
terms all the benefits of any extended payment of
the Impact Fee to the affected occupants.
C. The obligation for payment of the Water System
Impact Fee and the benefits derived therefrom shall run
with the land.
D. In the event that a valid Building Permit for
which a Water System Impact Fee has been paid expires
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prior to the initiation of the construction for which it
was issued, the Applicant may within ninety (90) days of
the expiration of the Building Permit apply for a refund
of the Water System Impact Fee.
1. The application for refund shall be filed with
the County Manager, on a form approved by the
County Manager, and contain the following:
(a) A sworn statement representing that the
information contained on the application for
refund is true and correct;
(b) The name and address of the applicant;
(c) The location of the property which ,was
the subject of the Building Permit;
(d) The date the Water System Impact Fee was
paid;
(e) A copy of the receipt of payment for the
Water System Impact Fee or such other record
as would indicate payment of such fee; and
(f) The date the Building Permit was issued
and the date of expiration.
2. After verifying that the Building Permit has
expired and that the construction has not been
commenced under the subject Building Permit, the
County Manager shall cause a refund of the subject
Water System Impact Fee.
3. A Building Permit which is subsequently issued
on the same property which was previously the
subject of a refund shall then pay the Water System
Impact Fee as required by Section 2.01.
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 the
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are de]eted.
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.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this .~ day of ~ ,
1996.
: 'ATTEST: ".~ BOARD OF COUNTY COMMISSIONERS
DWIGHT E~ BROCK, CLERK COLLIER
.: ~ TY IDA
.'~ / . / ~ C. ~ORRI-q, CHAIRMAN
: /
ro t~ form and
..App ved
.legal sufficiency:
/_/..//~/,; This ordlnc'~c {i~e.~ with the
Michael W. Pettit and CC~.nc?~.'E.~C.D~'n~
Assistant County Attorney fil~n.G forgive,: ,m% ~.."'~
/10036
'6-
Words underlined are added: words st.-~uck th~-euoh are 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 copy of:
ORDINANCE NO. 96-17
Which was adopted by the Board of County Commissioners on the 9th day
of April, 1996, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 10th day of April, 1996.
DWIGHT E. BROCK
Clerk of Courts and
Ex-officio to Board-'
County Commissione~s~
Deputy Clerk