Ordinance 87-045ORDINANCE NO. 87-45
AN ORDINANCE AMENDING ORDINANCE NO. 86-66 ,~ ~'-
RELATING TO WATER AND SEWER SYSTEM DEVELOPMENT ~
CHARGES; AMENDING SECTION ONE RELATING TO :~ ''
APPLICATION OF ORDINANCE ~D SYSTEM DEVELOPMENT
CHARGES; AMENDING SECTION THREE D, RELATING:TO
WATER AND SEWER SYSTEM DEVELOPMENT CHARGES ~;D
APPLICATIONS FOR REFUND OF SAME; PROVIDING ~OR
CONFLICT AND SEVERABILITY AND PROVIDING FO~iAN
EFFECTIVE DATE. ~i '~
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY,
AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT:
Section One:
Section One of Ordinance No. 86-66 is hereby amended to read
as follows:
SECTION ONE:
Application of Ordinance and System Development
Charges.
This Ordinance and the water and sewer system development
charges provided for herein shall apply to all persons w~th~n-the
~oun~a~es-o~-~he-~e~-e~n~y-Wa~e~-Sewe~-B~s~?-as-~h~se
B~u~ar~es-a~e-~ese~Be~-~n-ehap~e~-~8-489?-Baws-~f-F~e~a, i__n
the unincorporated area of the County, except the Marco Water and
Sewer District and the Goodland Water District, under e~her any
of the following conditions, whichever occurs first:
A. Whenever such person connects a an existing structure to
a water system and/or a sewer system owned or operated by the
County; or
B. Whenever such person applies for a building permit and
structure previously connected to a water system and/or sewer
system owned or operated by the County, where such alteration
increases the potential demand on the County's system(s); or
B= C. Whenever such person applies for a building permit
and prior to issuance of a building permit to a~e=-~ construct
a structure which will be connected to a water system and/or
sewer system owned or operated by the County under Phases 1, 2 or
3 of the County's Master Water and Sewer Plans, even though such
[Words underlined are added; words s~=uek-~h=o~h are deleted.]
- I -
person may receive interim water and/or interim sewer service
from a source other than the County. Copies of the service area
maps from the County's Master Water and Sewer Plans are attached
hereto and incorporated by reference herein as follows:
Exhibit 1 - South Service Area Sewer Master Plan.
Exhibit 2 - County Water Master Plan.
SECTION TWO:
Ordinance 86-66, Section Three D, relating to Water and
Sewer System Development Charges and Applications for Refund of
same is hereby amended to read as follows:
D. Any person who has, prior to the effective date of this
Ordinance, paid a water and/or sewer system development charge
and has been issued a certificate of occupancy for a structure or
alteration for which the system development charge was paid shall
be eligible for a refund of the charge if the County does not
have an approved plan for connection of the structure or
alteration to a water and/or sewer system owned or operated by
the County by December 31, 1997. A~y-s~eh-pe~s~-e~e-f~-a
~ef~-sha~-make-w~e~-a~a~-~-~he-B~a~-~-e~y
effeet~ve-~ate-of-eh~s-o~a~e-o~-s~h-De~so~-sha~-Be-~eeme~
~e-have-wa~ve~-a~-e½a~m-f~-a-~ef~n~-aa~-the-~o~n~-sha~-Be
ene~e~e~-~-~e~a&m-an~-app~y-ehe-sMs~em-~eve~pmem~-eha~§e-f~r
eap&~a&-wa~er-am~-sewer-&mp~evemem~sv The County shall notify
any such person of his eligibility for a refund hy mailing notice
to such person. Such notice shall he sent by certified or
registered mail with return ~eceipt requested. Any person
eligible for a refund shall file written application with the
County for a refund within 90 days of the date of mailing of the
notice hy the County or such person shall he deemed to have
waived any right to a refund, and the County shall he entitled to
retain and apply the system development charge for capital water
and sewer improvements. Neither delay in receipt nor failure to
receive the mailed notice of eligibility for a refund shall toll
the 90-day time limit within which an application for refund must
be filed.
[Words underlined are added; words se~e~-~hre~h ~re deleted.]
SECTION THREE: 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 FOUR: 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.~"~'Z~day of ///-~-~----~ ,
1987.
BOARD OF COUNTY COMMISSIONERS'
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY
AND AS EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT
· HASSE, JR.,
Approved as to form and
legal sufficiency:
R. Bruce Anderso~~'
Assistant County Attorney
This ordir~e filed wIfh the
on~d~t~ry of ,~lte's OHico th~
fili/f::~ received f~;'~.a~_.__ ~
Words underlined are added; words s~k-~h~ou~h are deleted·
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STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, 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. 87-45
which was adopted by the Board of County Commissioners on the
2nd day of June, 1987, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, .Florida, this 2nd
day of June, 1987.
JAMES C. GILES
Clerk of Courts and Clerk
Ex-officio to the Board
CommJ ssioners x~'~\. ~f. ~ .uJ~v.?f~' i:
County
Depu~ CZerk ~ "..'