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Ordinance 86-66'RECEIVED AN ORDINANCE RELATING TO WATER HEIIT CHARGES AND SEWER SYSTEM CHARGES WITHIN THE COLLIER COUNT¥.:WATER-SEWER' DISTRICT~ PROVIDING FOR APPLICATION O~ THE ORDINANCE AND SYSTEM DEVELOPMENT CHARGES ESTABLISHING SYSTEM DEVELOPMENT CHARGES AS FOLLOWS: WATER METE1! SIZE MINIMUM SYSTEM ( inches ) EQUIVALENT DEVELOPMENT UNITS PER CHARGE METER SIZE 5/8 I $ 700.00 3/4 I 700.00 1 2.5 1,750.00 lk 4 2,800.00 1% 5 3,500.00 2 10 7,000.00 3 20 14,000.00 4 30 21,000:0~~ 6 100 70,000 8 175 122,500.0~ 10 275 192,500.0~ 12 475 332,500.0~ SEWER ~ RESIDENTIAL: SYSTEM ~ SINGLE-FAMILY P~ESIDENCES, MULTI- DEVELOPMEN~ FAMILY RESIDENCES, APARTMENT CHARGE RESIDENCES, MOBILE HOME RESIDENCES: WITH I BATH, [225 GALS/DAY/UNIT] ............... $ EACH ADDITIONAL BATH PER RESIDENCE, [50 GALS/DAY/UNIT] ................. NONRE. S IDENTIAL ~ HOTEL, MOTEL, AND TRAILER RENTAL UNITS, [110 GAL/DAY/UNIT] .......... COMMERCIAL, OFFICE AND INDUSTRIAL TOILET UNITS (NOT TO INCLUDE INDUSTRIAL WASTE) , [400 GALS/DAY/TOILET] .............. COMMERCIAL COIN LAUNDRY WATER UNITS, [200 GALS/DAY/WASHER] .............. RESTAURANT AND LOUNGE SEATING UNITS, [35 GALS/DAY/SEAT] ................. 950.00 210.00 465.00 1,685.00 845.00 150.00 PROVIDING FOR THE PURPOSE OF SYSTEM DEVELOP- MENT CHARGES AND LIMITATIONS ON EXPENDITURES AND P~FUNDS OF SAME; REPEALING ORDINANCE }lOS. 78-11, 80-94, 82-34 'AND SECTION THREE OF ORDINANCE NO. 86-35 WHICH RELATED TO WATER SYSTEMS DEVELOPMENT CHARGES; REPEALING ORDIN- ANCE NOS. 78-12, 81-17, 84-36, 84-68, 84-77 AND SECTION THREE OF ORDINANCE NO. 86-35 WHICH RELATED TO SEWER SYSTEM DEVELOPMENT CHARGES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Legislature has adopted growth management legislation which requires local governments to plan for and provide for capital infrastructure facilities such as water and sewer systems; and WHEREAS, Collier County (the Naples Metropolitan Statistical Area) has been designated by the United States Census Bureau as the fastest growing, area in the country for the years 1980 - 1985, with a population increase of thirty-six percent (36%), and such growth is expected to continue; and WHEREAS, the Board of County Commissioners has alternative, 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, 380, Florid~ Statutes; Chapters 67-1246 and 78-489, Laws of Florida; and Article VIII, Constitution of the State of Florida; and WHEREAS, it is the policy of the Board of County Commissioners to require persons to install and operate interim water treatment and/or interim sewage treatment facilities when such p~rsons choose to develop lands in advance of the County's expansion of its water and sewer systems infrastructure; and WHEREAS, it is the policy of the Board of County Commis- sioners to require that persons connected to such interim water and sewer facilities disconnect f~om such facilities and connect to the County's regional water and sewer systems whenever and wherever such ~{ystems are available, and it is the policy of the Board of County Commissioners to require such pezsons to pay their proportionate share of the costs of the County in expanding its water and sewer systems to provide service to such persons; and WHEREAS, the Board of County Commissioners has approved master plans with timetables to provide regional water and sewer systems in certain portions of the unincorporated areas of Collier County, which comprise the Collier County Water-Sewer District; and WHEREAS, the Board of County Commissioners has authorized the issuance of water and sewer utility revenue bonds and has applied for federal and state grants to finance construction of water and sewer systems as provided for in the approved master plans; and 2 WHEREAS, the system development charges collected pursuant to this Ordinance shall be segregated and utilized solely to finance the c.~nstruction of water and sewer capital infra- structure facilities necessary to provide new connections for new customers of the County; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS ¢,F 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: Application Of Ordinance And System Develo~men~ ~har~es. This Ordinance and the water and sewer system development charges pzovided for herein shall apply to all persons within the boundaries of the Collier County Water-Sewer District, as those boundaries are described in Chapter 78-489, Laws of Florida, under either of the following conditions, whichever occurs first: A. Whenever such person connects a struoture 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 to alter or 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 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: ~ystem Development Charqes Established. There shall be collected from each person under the conditions set forth in Section One, a water system development charge and/or a sewer system development charge as applicable and in the amount~ as set forth below. Said charges shall be reviewed by th(~ Board of County Co~uissioners at least annually to determine that the charges are equitable and proportionate to the current estimate of costs for providing the capital improve- 3 ,oo 024 ments for which the charges are imposed. Water system develop- ment charges and sewer system development charges are hereby established as follows: WATER ME=ER SIZE MINIMUM SYSTEM (inches) EQUIVALENT DEVELOPMENT UNITS PER CHARGE METER SIZE 5/8 I $ 700.00 3/4 1 700.00 i 2.5 1,750.00 1~ 4 2,800.00 1% 5 3,500.00 2 10 7,000.00 3 20 14,000.00 4 30 21,000,00 6 100 70,000.00 8 175 122,500.00 10 275 192,500.00 12 475 332,500.00 SEWER RESIDENTIAL: SINGLE-FAMILY RESIDENCES, MULTI- FAMILY RESIDENCES, APARTMENT RESIDENCES, MOBILE HOME RESIDENCES: WITH I BATH, [225 GALS/DAY/UNIT] .............. $ EACH ADDITIONAL BATH PER RESIDENCE, [50 GALS/DAY/UNIT] ................ NONRZSIDENTIAL: HOTEL, MOTEL, AND TRAILER RENTAL UNITS, [110 GAL/DAY/UNIT] ......... COMMERCIAL, OFFICE AND INDUSTRIAL TOILET UNITS (NOT TO INCLUDE INDUSTRIAL WASTE), [400 GALS/DAY/TOILET] ............. COMMERCIAL COIN LAUNDRY WATER UNITS, [200 GALS/DAY/WASHER] ............. RESTAURANT AND LOUNGE SEATING UNITS, [35 GALS/DAY/SEAT] ............... SYSTEM DEVELOPMENT CHARGE 950.00 210.00 465.00 1,685.00 845.00 150.00 SECTION THREE: Purpose Of System Development Charges And Limitati6ns on Expenditures And Refunds Of Same. A. Ail water system development charges shall be segregated from all other funds held by the County.and placed in a special account. This account shall not be transferred or used for any purpose other than capital improvements for raw water supplies, water treatment facilities, water transmission mains, storage facilities, pumping facilities, distribution lines and related facilities required to provide new connections by new customers and for payment of debt service on public obligations issued to finance any such capital improvements. Capital improvements which are designed to benefit existing customers of the County shall not be pa~d for with funds from this account. B. All sewer system development charges shall be segregated from all other funds held by the County and placed into a special account. Thi~ account shall not be transferred or used for any. purpose other than capital improvements for sewage treatment and disposal facilities, sewage transmission facilities and related facilities required to provide new connections by new customers and for payment of debt service on public obligations issued to finance any ~uch capital improvements. Capital improvements which are designed to benefit existing customers of the County shall not be paid for with funds from this account. C. Any person who has paid a water and/or sewer system development charge and has been issued a certificate of occupancy for the structure or alteration for which the system development charge was paid shall be eligible for a refund of the charge if the structure or alteration is not authorized to connect to the County's systEm(s) by December 31, 1997. Any such person eligible for a refund shall make written application to the Board of County Commissioners for a refund within ninety (90) days of becoming eligible for said refund or such person shall be deemed to have waived any claim for a refund, and the County shall be entitled to retain and dpply the syetem development charge for capital water and sewer improvements. D. Any person who has, prior to the effective date of this Ordinance, pail. 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 altera- tion to a water and/or sewer system owned or operated by the County by December 31, 1997. Any such person eligible for a refund shall make written application to the Board of County Commissioners for a refund within ninety (90) days of the effective date .Df this ordinance or such person shall be deemed to have waived any claim for a refund and the County shall be entitled to retain and apply the system development charge for capital water and sewer improvements. E. Any ~erson who has paid a water and/or sewer system development charge but has not been issued a certificate of occupancy for the structure or alteration for which the system development charge was paid, shall be eligible for a refund of the charge if no construction has been commenced on the structure or alteration ~rithin ninety (90) days of the date of approval of the building permit. Any such person eligible for a refund shall make written a~.plication to the Board of County Commissioners for a refund within ninety (90) days of the date of approval of the building permit or such person shall be deemed to ha-;e waived any claim for a refund and the County shall be entitled to retain and apply the syst.~m development charge for capital water and sewer improvements. SECTION FOUR: Ordinance Nos. 78-11; 80-94~ 82-34 And Section Three Of Ordinance No. 86-35 ~epealed. County Ordinance Numbers 78-11, 80-94, 82-34 and Section Three of Ordinance No. 86-35 which related to water system development Charges are hereby repealed. SECTION FIVE: Ordinance Nos. 78-12r 81-17~ 84-36; 84-68r 84-77; And Section Three Of Ordinance No. 86-35 Repeale~. County Ordinance Numbers 78-12, 81-17, 84-36, 134-68, 84-77, and Section Three of Ordinance No. 86-35 which related to sewer system development charges are hereby repealed. SECTION SIX: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more liberal in favor of the County 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 a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION SEVEN: Effective Date. This Ordinance shall become effective upon receipt of notice form the Secretary of State that this Ordinance has been filed with the Secretary of State. 02 , 273 PASSED AND DULY ADOP%~D by the Board of County Commi~sioners of Collier County, Florida, this 23rd day of Septemb.e..r., 1986. Clerk irk APProved as to' form and legal sufficiency~ R, Bruce And6rton AssistantCo~nty Attorney STATE OF FLORIDA ) COUNTY OF COLLIER ) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDAt AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. A. PISTOR, Chairman 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 original of: ORDINANCE NO. 86-66 which was adopted by the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer DistrAct, during Regular Session on the 23rd day of September, 1986. WITNESS my hand and the official seal of the Governing Board of the Collier County Water-Sewer District of Collier County, Florida, this 23rd day of September, 1986. JA~ZS C. GI2S Clerk of Courts and Clerk Ex-Officio to the Board o~ the Coll:Le~:.'.~~ Water-Sewer Distr '~ " · A,~..' ¢,,..~ .-,~., 024 ~ ........ PNAl[ 4 I I PROPOSED PLANT ~llT~ · PUMP STATI04 lfAITEIfATEN TREATMENT PLANT SOUTH SERVICE AREA' COLLECTION SYSTEM EXRTBT'I' 1 .~i couJ[R CX:X.,HTY IA'I~R kAS'I~R IR.'Uql EXHIBIT 2 i