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Ordinance 91-027 AN ORDINANCE OF COLLIER COUNTY, FLORIDA RELATING TO STORMWATER MARAGEMENT ¥;' COUNTY AND CREATING A STORMWATER UT STATING AUTNORITY; GOVEP. NING BOARD, POWERS AND DUTIES; STATING FINDINGS, PURPOSE AND DECLARA- TION OF BENEFIT; PROVIDING TITLE AND CITATION; ..- PROVIDING FOR APPLICABILITY OF ORDINANCE; PROVIDING DEFINITIONS; ESTABLISHMENT OF A =.:.. STORMWATER UTILITY; ESTABLISHMENT OF A STORI~WATER UTILITY ENTERPRISE FUND; PROVIDING FOR ISSUANCE OF BONDS; PROVIDING FOR DEVELOP- MENT, IMPLEMENTATION AND APPLICATION OF Ft~NDING; OPERATING BUDGET; REQUIRED LEVELS OF RATES FOR STORMWATER UTILITY FEES AND ASSESS- MENTS; IMPOSITION OF STORMWATER UTILITY FEES; ESTABLISHING AREA OF OPERATION, BENEFIT AREAS AND UTILITY FEES; NOTICE REQUIREMENTS FOR RESOLUTIONS ESTABLISHING OR MODIFYING AREA OF OPERATION BENEFIT AREAS AND SETTING OR MODIFY- ING RATES;-ASSESSMENTS AND UTILITY FEES; CREDITS AGAINST UTILITY FEES AND ASSESSMENTS; BILLING AND PAYMENT OF STORMWATER UTILITY FEES OR ASSESSMENTS; ADJUSTMENT OF UTILITY FEE ANO ASSESSHENTS, CORRECTIONS; PENALTIES; ADJUST- MENTS; ADJUSTMENT OF UTILITY FEE AND ASSESS- MENTS; CORRECTIONS; CREATION OF A COMPRF2IEN- SIVE STORNWATER MANAGEMENT UTILITY CODE; CONFLICT AND SEVERABILITY; AND EFFECTIVE DATE. WHEItEAS, Collier County (the "County") is responsible for the :.~:i' conservation, management, protection, control, use and enhancement ~!.r Of water resources and management~ maintenance~.and improvement of thQ stormwatsr systems in the unincorporated areas o~ the County; :~. and '' W]IE~EAS, the County has adopted a Comprehensive Growth :.~Hanagement Plan which ~dentifies water resource needs and objectives; and WHE~F~B, the Growth Management Plan directs the County to · ' f~nancing the system ~mprovements outlined in the Capital Improvement Element; and ~!,ii.i' IIHEREA~, the Federal Clean Water Act as amended by the Water '~'.'~uality Act of 1987 (33 U.S.C. 1251, et seq.) and rules 'to be !i~1%~ promulgated by the United States Environmental Protection Agency ~'~i]~'r require that political entities having populations of greater than "~:~' ~" --1-- ..~!. 100,000 persons develop, implement, and fund stormwater management programs and obtain discharge permits for certain outfalls from etormwatersystems; and WH~RR~S, the Board, of County. Commissioners (the "Board") has authorized, the preparation of a.professional engineering and management analysis of;.the stormwater systems and the stormwater management"problems, need~goa~s,~operational and"capital requirements, and'funding opportunities in the County; and WHEREAB,'the professional engineering and management analysis has been prepared and delivered to the Board' and has been examined, reviewed, discussed and adopted as a blueprint for implementation by the Board and has been subject to public meetings and.discussions in the County; and N~EREAB, the analysis indicates that substantial stormwater management'operatin~.program, regulatory, and capital improvement needs exist'in Collier County; and WHEREAS, the County has concluded that it will be necessary and essential to undertake a comprehensive stormwater management program .(the "Program") to.construct improvements to its existing etolmwater.management eystemwhich has been developed over a number of years for the purpose of collection, storage, treatment and conveyance of stormwater, to ensure that the collection and disposal of stormwater within the County adequately protects the health, safety, and welfare of the citizens of the County; WHEREAS, in developing the Program, the County has concluded that it is necessary to fund the Program by exercising its prerogative under Florida law to create a Stormwater Utility to collect Utility Fees, to make assessments and borrow monies sufficient to plan, construct, improve, operate and maintain the Program, and to set aside any other funds for purposes of funding the Program. NOW, T~EREFORE, BE IT ORDAINED BY TH~ BO~RD OP COUNTY COMI(IBBZONERB OF COLLIER COUNTY, FLORIDA that: -":"The Board'is authorized by the constitution and laws of the S~&to, of Florida, lnoluding Chapter 125, Florida Statutes and sectiUHr~03.0893.~ Florida Statutes to construct, reconstruct, imp=eve,, and.extend, stormwater management systems, or create s~ormwatsr utilities-and to'.~gsue bonds.and'other obligations to f~nanee.~.in whole~or part'the'cost of~:.suchsystemnand to establish Just. and. equitable-rates, fees,' and charges for the services and faoll~ll'.p=ovided'by such systems~ ~~ GOVERNIN~ BO~RD, POWERS ~ DUTIES -.~.'~.~The Board-of County~Commissioners of Collier County, Florida &s~ths~govsrning body of.Collier County is Ex-O~ficio the Governing Board of the Stormwater Utility established hereby with the power'and duty to conduct the affairs of the Utility as pr~scz-lbed by~Flor~da"~aw~· ~= FINDINQS~ PURPOSB AND DECLARATION OF BENEFIT The Board doest, hereby'make the following findings: . .: ~(a) The professional engineering and management analysis · ~:-~-~'r. submitted to and adopted by the Board on August 27, 1990 :;'r~" properly, defines the stormwater management needs of the ':urr'" County. . (b) The stor~water management needs of the County differ -... ~ from area to area and that stormwater management service areas are definable on the basis of such differences in service needs and contribution to the overall problem. (c) The ability of the County to effectively conserve, manage, protect, control, use, and enhance the water resources of the County is dependent on the provision of adequate, equitable and stoble funding for the stormwater management program. (d) The stormwater management system, including the components which provide for the collection of and disposal of stormwater and regulation of groundwater, is ........ ",' .: of benefit and provides services for the welfare of the ".~ County and its residents including property not *~,. presently served by the physical elements thereof. ~"'. ,'(e) The formation of a stormwater utility, the establishment "'r;~- .of a'. separate enterprise fund for accounting of the .~tcrnw~ revenues, expenditures,, assets, and earnings of the ~nanc~ ~ u~l,lity, a~d adoption of various rates, fees, charges, '.~. ~: 'rentals, fines, and penalties are necessary to meet the ;%. - needs identified in the professional engineering and '~7)~.'~ management'analysis. It.' is~the intent of the County that in addition to other avai~eble monies, Stormwater Utility Fees and Assessments shall fund:thm'coste of Operat'ion and Maintenance,"Extension and Replacement and Debt Service of the Stormwater Manaqement System. ':-~Xt'is therefore the purpose of this Ordinance to provide for .i;!i<-~h&alth~.-eafet~W~nd'welfa~e'of the citizens of Collier County, Florida by providing for the conservation, management, protection, control, use and enhancement, maintenance and improvement of the etormwatsr~systems in the unincorporated areas of the County. It is'hereby declared and determined by the Board of County Commissioners that the stormwater management services provided pursuant to this Ordinance and the establishment of a Stormwater Utility constitute a benefit to the properties within the Area of Operation equal to or in iXC~ll of the costs of providing lUCh stormwater management services. ~: TITLB AND CITATION This Ordinance shall be known and may be cited as the #Collier County Stormwater Utility Ordinance". ~: APPLICABILITY . ~'.~ This Ordinance shall apply to and be enforced in all the unincorporated area of Collier County. ~..~ For the purpose of this Ordinance, all capitalized, undefined terms used in.this Ordinance shall have the following meanings: A~ "Area of Operation" means that area designated in any ~??' resolution of the Board as provided herein as the area within which the System shall, be operated and in which a Utility Fee is B. "Assessment" means a per acreage fee authorized by the "!' term~ of Section 403.0893(3) Florida Statutes, as amended, and -~:... this Ordinance, to be assessed for funding such costs of Operation '~ and Maintenanoe,.Debt Service and Extension and Replacement ':~' attributable-to a Benefit Area that the Board may determine by ~"~ r. solution-of the Board-as provided herein. -.'~' .C~ "Benefit Area" means any portion or portions of an area within or without an Area of Operation, designste~ by resolution of the Board es provided herein as a Benefit Area for purposes of ~.~. determining Utility Fees and/or Assessments to be payable in such , area. ?~/?~' ~".'.riD~' "Board" means the Board of County Commissioners of '~ Collier County, Florida. .... .E. "Bonds" means revenue bonds, assessment bonds, notes, ~ loans or any other debt obligations issued or incurred to finance .~-.~-~ . the Costs of Construction. i~]/.' F. "Costs of Construction" means costs reasonably incurred !!'."'. in connection with providin~ capital improvements to the System or '~:. any'portion thereof, including but not limited to the costs of i,~' (1) acquisition of all property, real or personal, and all ~nterests in connection therewith including all rights-of-way and easements therefor, (2) physical constrt]ction, installation and testing, including the costs of labor, services, permitting, materials, supplies and utility services used in connection . therewith, (3) architectural, engineering, ~egal and other professional services, (4) insurance premiums taken out and maintained during:c~nstruction, to the extend not paid for by a contractor for construction and installation, (5) any taxes or other charges which become due during construction, (6) expenses incurred by the County'or on its behalf with its approval in seeking to enforce.~any, remedy against any contractor or sub-contractor in.respect of'any default under a contract relating to~construction, (7) principal of and interest on any Bonds, and (8) miscellaneous expenses incidental thereto. ' 'G. "County" means Collier County, Florida. ~ .... .'- H; "Debt Service" means, with respect to any particular Fiecal Year and any'particular series of Bonds, loans or notes, an ;'~ .. amount' equal to the..eum of (i) all interest payable on such Bonds, loans-or notes during such Fiscal Year, plus (ii) any principal ~i~.~ installments of such Bonds during such Fiscal Year. ~: "::::I. "Director" means the Director of the Stormwater Utility :';.. &~ designated bythe Board. ~ - ~-J. "Extension and Replacement" means costs o~ extensions, additions and capital improvement to, or the renewal and ~.:,,. replacement of capital assets of, or purchasing and installing new · ~: equipment, for the System, or land acqui~ition for the System and any related costs thereto, or paying extraordinary maintenance and repair, including the Costs of Construction, or any other expenses which are not costs of Operation and Maintenance or Debt Service. K. "Fee-in-lieu-of" means a charge to a developer or I.~,~ individual residenC to recover (1) the Costs of Construction and Debt Service on a new Stormwater Management System which serves sUCh developer or individual resident, or (2) the Extension and Replacement costs necessitated by development undertaken by such developer or individual resident. L. "Fiscal Year" means a twelve-month period commencing on .... the first day of October of any year, or such other twelve-month '.~.' period adopted as the Fiscal Year of the Utility. · M "Operating Budget" meame the annual Utility operating ~'~-budget..adopted by-the County for the succeeding Fiscal Year· · ,--~. N.~.-..:"Operations..and Maintenance" =sans the current expenses, paid.-or accrued, of operation, maintenance and current repair of th~,System,, ascalculated in accordance with sound accounting pra=tt=s~,.and include~, without limiting the generality of the foreg~ing, insurance premiums, administrative expenses, labor, exec~tive compensation, the cost of materials, equipment and supplies used for current operations, and charges for the accumulation of appropriate reserves for current expenses not annually:Incurred, but.which are such as may reasonably be expected to be incurred in accordance with sound accounting practice. .. '-. O. "Property Appraiser" means the Property Appraiser of .~;~:.Collter County, Florida. :.cP. "Revenues" means all rates, fees, assessments, taxes, rentals or other charges or other income received by the Utility, tn'connection with the management and operation of the System, including amounts received from the investment or deposit of ~oneys in any fund or account and any amounts contributed by the County, all as calculated in accordance with sound accounting practice. Q. "Stormwater Management System" or "System" means the existing stormwater management of the County and all improvements thereto which by this Ordinance are constituted as the property and responsibility of the Utility, to be operated as an enterprise fund to, among other things, conserve water, control discharges necessitated by rainfall events, incorporate methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, over-drainage, environmental degradation and water pollution or otherwise affect the quality and quantity of discharge from such System. -7- R. #Stormwater Utility" or "Utility" means the enterprise fund~tllity created by this Ordinance to operate, maintain and improve the System. ~:' : :. S~ ,StormwaterzUtility Fee~ means a Utility fee authorized by-Florida law and this Ordinance which is established to pay ,~?,Operations ,and Maintenance;'Extension and Replacement and Debt .', ."-T. "Tax Collector# means the Tax Collector of Collier County~ Florida. ~: ESTaBLIShMENT OF ~ STORM]FATER UTILITY %:~r ,:The Board hereby establishes.-a Stormwater Utility, which shallzbe responsible for the conservation, management, protection, control, use, and enhancement of water resources in the County and the management, operation, maintenance, and improvement of the public stormwater systems, and which Utility shall operate as a .:~'i~i?)~Section of the Water Management Department within the ~!'~' Environmental Services Division of the County. ~: ESTABLISHMENT O~ A BTORMW~T~R UTILITY ENTERPRISE FUND The Board hereby establishes a Stormwater Utility Enterprise Fund for the accounting of all revenues, expenditures, assets, and earnings of the Utility, in which all revenues from the Stormwater Utility shall be deposited. Monies in said Fund shall, in priority of order, pay the costs of (i) Operations and Maintenance, (ii) Debt Service and (iii) Extension and Replacement. ! ~,.~,l.~tG~: IssuA~ca o~ BONDS The Stormwater Utility may issue Bonds for the purposes described herein pursuant to a resolution of the Board authorizing the issuance thereof. Except as herein otherwise expressly provided or in any resolution of the Board authorizing the issuance of Bonds, all Bonds shall be payable solely out of the revenue and receipts derived from the System or of any portion -8- i"thereof; provided, that notes Issued in anticipation of the issuance of Bonds may be retired out of the proceeds of such ~~.. ~IvI~o~x~M~x,, XM~,X~NTX?X0~, ~ Xg~X0X~XON 07 The Boa~ shali'~rovi~e fo~ the d.v. Zopment, imp~.mentation, and application of various funding methods including but not limited to the service charges, special a~sessments, non ad valorem assessments, fees for services or in-lieu of regulatory requirements, fines, penalties, impact fees, and such other ~jg.~. ... ,:?~:..~:. ~× funding methods as the County may be authorized to use ae it determines by eubsequent resolution. SECTION E~VZN: Og~TIN~ SUDUET --~.~ The Board ehall adopt an Operating Budget not later than the firet day of each Fiscal Year. The Operating Budget shall set :~"... forth for such Fiscal Year the estimated Revenues and the estimated costs for Operations and Maintenance, Extension and ~epiaCement and Debt Bervice. ~_~_~.T~__4;__.~ .... "' . ........ ~BCTION TN~'r_~FE: 'REQUIRED LEVELB OF RATEB FOR BTORM~ATER UTILITY The Board shall require that adequate Revenues are generated to provide for a balanced Operating Budget by setting sufficient levels of Stormwater Utility Fees and Assessmunts. ~CTION THIRTEEN: IMPOSXTXON OP BTORRN~TER UTILITY The Board hereby authorizes the imposition of Stormwater Utility Fees on all property within the Area of Operation which shall be established or modified by Board resolution as provided herein. Additional Utility Fees may be established by Board resolution as provided herein. ~BCTXON FOURTEEN: ESTABLISHING AREA OF OPERATION, BEI~EPXT ~REAB (1) Area of Operation. (a) The Board shall describe and establish the initial :iArea of Operation and shall make such modifications as it determines by subsequent resolution as provided horein. ~. ' -. ~: (a) The Board may describe and establish Benefit Areas :<' within or without the Area of Operation and may establish addIt~.nal. Benefit: ~rsas. and make:.such' modifications' as' it determines by subsequent resolution as provided heroin. ~~: NOTIC~ REQUIR~B FOR RESOLUTIONS .~ .. .u: EBT~LIBHIN~ OR MODIFYIN~ ~ OF OPE~TION, BENEFIT ~2~S ~ SETTIN~ OR MODIFYIN~ A public hearing shall be held prior to adopting resolutions es~ablishing or modifying an Area of Operation, Benefit ~eas, or metting '~r modifying Sto~water Utility Fees and Assessments. Notice of the public hearing shall be published 15 days prior to the hearing in a newspaper of general circulation in the County. B~ION BI~E~: ~S8EBB~E~8 ~ UTILITY FEES The Board may, by resolution, establish a Benefit Area and impose a per acreage fee on real property located in the Benefit Area. Benefit Areas may be charged an Assessmen~ in addition to ~ility Fees. (1) ~. Assessments shall be established by this Ordinance or by Board resolution as provided herein, which shall est forth (i) the Benefit Area to which the Assessment applies and (ii): what portion of the Assessment will be used for the costs of Operations and Maintenance, Extension and Replacement and Debt $.&~CI.~.: The. Board in ltl discretion may determine that Assessments should vary by Benefit Area baaed on its review of tho facts, including benefits received, burdens produced and services rendered. (2) ~. Utility Fees shall be initially imposed and may be later modified by Board resolution as provided herein. ?? ' A~y Board resolutions imposing or modifying Utility Fees shall set forth (i) the Area of Operation or Benefit Area to which the Utility Fee applies (ii) what portion of the Utility Fee will ke . USed for the costs of Operations and Maintenance, Extension and Replacement and Debt Service and (iii) the Utility Fee rate, if applicable. 'The Board in its discretion may determine that Utility Fees should~vary by Benefi~ Area based on its'review of .'~i,,the~,facts including, benefits received, burdens produced and sarvices~rendered. ,.~.= ~ ~r. , .... - BECTZON~',BEVENTEEN~-.,CREDITB ~G~INBT UTILITY FEES AND ASSESSMENTS t, ~Ug._~P~F~townerso~ay~ recei~euu~it, against~Utllity Fees and Assessments in amou~t~apDrovad, by,,the:'Board for past or future , expenditures determined by the Director to benefit the System. ~:...: Such:determination shall be made in accordance with the guidelines .: set".forth in resolutions establishing an Area of Operation, '?':' Benefit Area. or settingUtility Fees and Assessments. O~CTION EIOHTEEN: BILLIN~ ~RD P~YMENT OF UTILITY FEES OR ABSEGBMENTB~ PENALTIES; ~DJUSTMENTB The Board shall, by resolution, establish the ~ethod of collecting Stormwater Utility Fees and Assessments and may provide for any remedies permitted under Florida law for collection of payments, including liens and penalties and any remeaies set forth in the provisions contained in S403.0893, Florida Statutes, as amended. SECTION NINBTEEN= ~DJUSTMENT OF UTILITY FEB ~ND AOSESSMENTS$ .; -. ' .... CORRECTIONS. (1) Owner-rnitiated Ad4ustments. Requests for adjustment of ? the Utility Fee or an Assessment shall be submitted to the Director, who shall have authority to adjust the Utility Fee or Assessment pursuant to the procedures and standards as established ,.~ herein. No credit shall be qiven for the installation of facilities required by County ordinances or applicable laws. The following procedures shall apply to all adjustment requests of the ""~ Utility Fee or an Assessment: '?:?' (a) Any owner who believes the Utility Fee or i:. .~,. Assessment is incorrect may, subject to the limitations set forth herein, submit an adjustment request to the Director. (b) The adjustment request shall be in writing and forth, in detail, the grounds upon which the correction is sought. ~&.: ,. . (c) The adjustment request of a Utility Fee or Assessment must'be mede within thirty (30) days after the date of its first classmailing. The adjustment reques= will be reviewed by-th~Director within three (3) months from the date of filing of ~he~d~stmen~.request~' Cons.ideration by.-the .Director of the owner~s':request,.for adjustment, shall not.relieve the owner of the obl&gatton to make..timely:'payment of the Utility Fee or Assessment. In. the event an adjustment is granted by the Director which~decreases the Utility Fee or an Assessment, the owner shall be'entitled to credit for the excess Utility Fee or Assessment pa~d~--~If the Utility Fee or Assessment is placed on the real p=~DP~y~a~'bi11, th~-credit'shal~.be ~o noted on the respective owner's real property tax bill. (d) The owner requesting the adjustment may be required, at his own cost, to provide supplemental information to the Director including, but not limited to, survey data approved by a professional land surveyor and engineering reports approved by a professional engineer. Failure to provide such information may result in the denial of the adjustment request. (e) The granting or denial o~ an adjustment to a Utility Fee or an Assessment will be furnished to the owner, in writing, by the Director. If the Utility Fee or an Assessment is ~la~ on the real property tax bill, the document granting an adjustment to a Utility Fee or an Assessment will also be sent to the Tax Collector. (2) ~i~ht of Review by Board. The owne~ ha~ the right to appeal the decision of the Director to the Board. The appeal must be made within thirty (30) days of receipt of such denial. The Board shall furnish, in writing, its determination within sixty (60} day~ of receipt of the request for review. It shall set forth the reasons for the decision based on the criteria contained in this Section. (3} p~H~t~dPustments. If the Utility Fee or an Assessment is placed on the Tax Bill, any errors in the Utility Fee or,.an Assessment or failure.to charge a Utility Fee or an Assessment'.may be. corrected by the Tax Collector. If the Utility F~e ox,anu~ssessmen~"is not placed on the Tax Bill, any errors in thm~-'.Ut~li4~F-Fee or anaAssessment or failure to charge a Utility Fee,~r-Assessment may be corrected by the Director. Correction~ wh/ch~result in an increase in a Utility Fee or an Assessment cannot:~b~-imposed until the owner has consented in writing to the increase, or has been given at least ten (10) days notice by certified mail and an opportunity, to be heard by the Bomrd. Once the.adjustment is finalized, the Director shall send documentmtion reflecting the adjustment to the owner and, if the Utility Fee or Assessment is placed on the Tax Bill, the documentation will also be:sent to the Tax Collector. BECTION '~1~'/~': CREATION OF A COMPREHENBIV~ BTOI~4WATER MANAGEMENT UTILITY CODE The Board may create and adopt a Comprehensive Stormwater Management Utility Code for the County. BECTION TWENTY-ONE: CONFLICT AND BEVERABILITY 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 separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. BECTXON TWENTY-TWO: EFFECTIVE DATE This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY. ADOPTED by the Board of County Commissioners ~,:.,. of-Collier County, Florida this ~//. day of _~~1991 . '; ., A~E~T:...-' ' = · " : .'.'. BO~D OF CO,TV CO~ISSION~S ,.~/, , ~S C.,'G S, Clerk COLLI~ CO~Y, F~RIDA ·" ~' PATR~CI~ ~NE ~D~ - - · ~,a~rmerson' . ::,'..-l~..i' ].'Approved 'as to fo~ and ,~,~'legal. suf ficiencv: . David C. W~ig~v /~ ~'~ Assistant C~ntyA~orney ~ ',' ~ls ordlnn~' ""4 with ~ . -'". ~I~ ~.:,, ;.~ ~-~*---.~- ... · ~.~ ..... 3~' .., .- -14- OP F~ORIDA OF COLLIER ) I, JAMES G. GILES, Clerk of Courts in and for the Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 91-27 was adopted by the Board of County Commissioners on 19th day of March, 1991, durtn~ Special Session. WITNESS my hand and the official seal of the Board of Commissioners of Collier County, Florida, this 20th '..:day of March, 1991. County Commissioners