Ordinance 96-18 ~.,~ -. ,~. :
oRDIN cE COLLXER COUNTY ORD NANC ! .,
.!? ~. c.:'. 90-87, AS ~ENDED, KNOWN AS THE COLLIER COUNT~, ~ /
':Z ~'-'.~%~ ~ REGIONAL SEWER SYSTEM IMPACT FEE ORDINANCE; BY~i r
!=~ ,~ AMENDING SECTION 2.02; EXTENDING PAYMENT OF
SEWER SYSTEM IMPACT FEES AND ASSOCIATED COSTS;
· c. % ,? PROVIDING FOR CONFLICT AND SEVERABILITY;
-<e,?. ..,,/ PROVIDING FOR INCLUSION IN THE CODE OF LAWS ~D
'ggt~, ORDIN~CES ~D PROVIDING FOR ~ EFFECTIVE DATE.
~{EREAS, the Board of County Commissioners of Collier County
on November 27, 1990, enacted Collier County Ordinance No. 90-87,
establishing a Collier County Regional Sewer System Impact Fee
Ordinance; and
~EREAS, the Board of County Commissioners of Collier County
on June 18, 1991, enacted Collier County Ordinance No. 91-51,
amending certain Sections of Ordinance No. 90-87 including Section
2.02; and,
~EREAS, 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 Sewer System to enter into agreements to
extend pa~ents of Sewer System Impact Fees and associated costs.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF CO~TY
CO~ISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Amendments to Section 2.02 of Collier County
Ordinance No. 90-87, as amended.
Section 2.02 of Collier County Ordinance No. 90-87, as
amended, is hereby amended to read as follows:
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
Sewer 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 Sewer System
Impact Fees and associated costs over a period not to exceed
seven years with Owners of existing buildings, structures, or
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Words underlined are added; words struck through are deleted.
applicable improvements which are ~equircd maDdated to
connect to the Regional Sewer 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 Utiliti~a--A~tm4-n. istrato~ public
Works Administrator or the Department 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 Sewer System Impact Fee to an and
associated costs with owner~ of existing buildings,
ppli i "~^-^ the
structures or a cable mprovements,
..... ~--~-~- "~;-~ would ar-isc ~-^- paying,
cntirc ~ .... ~ ?cc at ~^ ~-^
.... F ............... ccnncction ~andated to
poDqect to the Regional Sewer System.
2. The amount of payment, including any title
verification expenses ..... ~-- ~^^- 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
docume0t stamp add recordiDq fees shall be uPfrODt Co~ts
borne by the OwDer 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 exp?nses or costs
incidental to obtaining or providing same, if any. The
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interest charqed shall be adjusted during January of
calendar year and sha]~ be based on th~ county'~ cost of
~Unds For the immediately proceeding 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 ~tilitio~ ~dmini~t=at~ public
Works A~ministrator 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 i~ 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
· ' 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
$6,000.00 the County shall 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 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.
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Words underlined are added; words &=ruck through are deleted.
5, UpOn SatiSfactorY paVment Of all principal,
interest. and associated costs under an extended payment
agreement. the County shall execute a Satisfaction of
Died add record it in the official records Of Co~ter
County. A copy of the recorded Satisfaction of Lied
shall be mailed to the owner within sixty (601 days
receipt of full payment,
~ 6, In recognition that the payment of the Sewer
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
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 Sewer 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
Sewer System Impact Fee has been paid, expires 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 Sewer 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;
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............. ~.. are deleted.
(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 Sewer System Impact Fee was
paid;
(e) A copy of the receipt of payment for the
Sewer 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 Sewer 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 Sewer 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
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.
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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 ~~/ ,
'~s '
ATTEST:" - BOARD OF COUNTY COMMISSIONERS
· , ~ .. i': '~/' " J.~N C. NORRIS, CHAIRMAN
'~p ved as.t~ form and
iegal sufficiency:
Michael W. Pettit /~/F
Assistant County Attorney
/10037
This ordinance fi~ed with the
Secretary of Slole's Of{ice the
and ccknow!ez!~;em'2~ of that
filing receiyed Ibis ~L day
'~.~ c~ ~
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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. 96-18
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' .cl.e~k
Ex-officio to Boar. d] Qf"
County CommissionerS. '
Deputy Cl~rk /
· . ......