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Ordinance 84-36/CWS 84-3O~DINA~CE NO. 84- 36 RESOLUTION NO. CW$ $~-3 Alt ORDINANCE ESTABLISHING A SYSTEH DEVELOPMENT CHARGE FO~ CONSTRUCTION OF NEW AND/OR PURCHASE OF EXISTING SEWAGE TRANSMISSION, TREATMENT AND EFFLUENT DISPOSAL FACILITIES W~THIN SERVICE AREAS "C" AND "D" OF THE COUNTY WATER-SEWER DISTRICT OF COLLIER COUNTY, FLORIDA; DESCRIBING THE SERVICE AREAS; PROVIDING FOR PAYHERT OF CHARGES ~ A SCHEDULE OF CHARGES; PROVIDING FOR RESTRICTIONS ON USE OF FUI~DS; PROVIDING FOR EXEHPTIONS; PROVIDING FOR ANNUAL REVIEWS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, Ex-Officio the Governing Board of the County Water-Sawer District of Collier County, Florida: ~ ~ SECTION ONE: LEGAL DESCRIPTION FOR SEI~R SERVICE AREAS "C"~ND "D~ The areas of Sawer Service Areas "C" and "D" of the Cou~.'~ty Water-Sewer District located in Collier County, Florida, where the System Development Charges are applicable are described as f~llows~, Commencing at the northwest corner of Section 31, ~ownsh~49 South, Range 26 East, also known as the Point of Beginning; thr~ence run east along the northerly section lines of Section~ 31, 32, 33, 34, 35 and 36 To.ship 49 South, Range 26 East to the northeast corner of Section 36; thence run ~outh along the eaeterly section line of Section 36 to the northeast corner of Section 1, To~htp 50 South, Range 26 East; thence run south along the easterly section line of Sections 1, ~2, 13, 24, 25 and 36 of To. ship 50 South, Range 26 East to the northeast corner of Section 1, To.ship 51 South, Range 26 East; thence run south along the e~eterly section line of Sections ~, 12, ~3, 24, 25 and 36 of To~sh~p South, Rmnge 26 Eas~ to the northeast corner of Section ~, To. ship 52 South, Range 26 East; Thence south along the eas~ section l~ne of Section I, T~sh~p 52 South, Range 26 East to the ~outheaet corner of Section ~, To~sh~p 52 South, Range 26 East; thence run west along the southerly sectton line ef Section 1, To. ship 52 South, Range 26 East to the ~ntersection of sa~d southerly section l~ne of Section I and Addison Bay; thence west along the waters of Addison Bay and the Marco River through Big Marco Pas~ to the easterly ~horel~ne of the Gulf of Mexico; thence run northwesterly ~long the easterly shore of the Gulf of Mexico to its ~ntersection with the northerly ~ection line of Section 34, Toe,hip 50 South, Range 25 East; thence run east along the northerly ~ection line of Section 34, To~sh~p 50 Sou~h, Range 25 East to the ~outhweet corner of Section 26, To~sh~p 50 South, R~nge 25 East; thence run north along westerly section l~ne of Section 26, To~h~p 50 South, Range 25 East to the northwest corner of Section 26, To. ship 50 South, Rang~ 25 East; thence run eas~ along northerly ~ec~ion lin~ of Section 26, To.ship 50 South, Range 25 East to the ~outhwe~t corner of Section 24, To. ship 50 South, Range 25 East; thence run north along the westerly section line of Section 24, To.ship 50 South, Range 25 East to the northwest corner of Section 24; thence run ~aet along the northerly section l~ne of Section 24, To~h~p 50 South, Range 25 East to the northeast ~orner of Section 24, To~sh~p 50 South, ~nge 25 East; thence run north along ~h~ westerly ~ec~ion lines of Sections 18, 7 and 6 of To~h~p 50 South, ~nge 26 East to th~ northwe~ corner of Section 6, To.ship 50 South, Rang~ 26 East; thence run north along the westerly · ec~ion line of Section 31, To.ship 49 South, Rang~ 26 Ea~ to ~he nor~hw~e~ corner of Section 31, To~h~p 49 South, Rang~ 26 being ~h~ Point of ~ginning, SECTION TWO: SCHEDULE 07 CH~GES ,~ PAY}f~TS~ RESTRICTIONS ON USE OF FUNDS A. A system development charge shall ba paid to defray the cost of constructing sewage transmission, treatmant and affluent disposal facilStSea and the purchasing of existing central sewer facilities by Collier County, Plorida; charges shall be as followsl 1. Residential Single family residences, multi-family residences, apartment residences, mobile home residences: 2e Each living unit of one bath - 225 gala/day/unit $ 725.00 Each additional bath per living unit - 50 gala/ day/unit $ 125.00 Non-Residential Hotel, motel, and trailer rental units - 110 gal/day/unit $ 360.00 Commercial, office and industrial toilet units (not to include industrial waste) - 400 gals/ day/toilet $1,285.00 Commercial and coin laundry water units - 200 gals/day/washer $ 640.00 Restaurant and lounge seating units - 35 gals/day/seat $ II0.00 B. The charges set forth herein shall be payable upon application for a building permit and prior to the issuance of a building permit for said unit or units. C. All existing facilities not on a publicly owned central sewer system; i.e., residential, commercial, etc. will be required to pay a connection (system development charge) fee and other applicable charges when they are'required to connect to the County central sewer facilities, when these facilities become available. The actual fee paid at the time of connection will depend on the actual fee mandated by Ordinance at the time of connection. D. A separate accounting shall be kept by the County's Finance Department for all monies collected under the system development charges set forth herein. Said monies shall be used solely for capital improvements for transmission mains, new pumping facilities, and new treatment and effluent disposal facilities, engineering therefor and related costs, required to provide service for new connections to the sewer system, and/or the purchase of existing central sewer facilities. SECTION THREE: EXEMPTION FOR EMERGENCY BACKUP SYSTEMS Backup systems mandated by state regulations and installed to provide emergency water supplies for hospitals and nursing homes shall be exempt from the charges set forth herein, if it can be shown that the installation of said emergency facility will not increase the demand on the County's water system. SECTION FOUR: ANNUAL REVIEW OF CHARGES The County Commission, Ex-Officio the Governing Board of the County Water-Sewer District shall review the system development charges annually to determine that said charges are equitable and proportionate to the current cost for providing new connections to the system for new users. SECTION FIVE: CONFLICT AND SEVER3%~ILITY If any section, subsection, sentence, clause, phrase or portion of this Ordiaan~e is, for any reason, 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 remainder hereof. In the event this Ordinance conflicts with any other appropriate law, the more restrictive shall apply. If any part of this Ordinance conflicts with any other part, it shall be severed and the remainder shall have full force and effect and shall be liberally construed to effect the purpose hereof. SECTION SIX: COUNTY WATER-SEWER DISTRICT RESOLUTION This Ordinance shall also be and conltituts s resolution of the County Vicar-Sever DlmCricc and the signature of ohm Chairman of the Board of County Commissioners shall also constitute the signature of maid Chairman as Ex-Officio, Chair-man of the District's Governing Board. A copy of this Ordinance with appropriate beading as a County Water-Sewer Resolution shall be included in the Official Records of the Water-Sewer District. SECTION SEVEN: EFFECTIVE DATE Tbia Ordinance mhall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secrotary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida at its regular meeting held on 3.5~1 day of Hay , 1984. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DAVID C. CHAI RP~AN Approved as to form and legal sufficiency Burr L. Saunders Collier County Attorney STATE OF FLORIDA ) COUNTY OF COLLIER ) I, WILLI~i J. REACAN, Clerk of Courts in and for the Twentieth J,~!cial Circuit, Collier Count-y, Florida, do hereby certify that the foregoinK is a true original of: Ordinance }b. 84-36 Resolution No. CI~S 84-3 which was adopted by the Board of Count7 C~ln~[ssior~rs dl/rir~ Re~Jlar Session on the 15th day of May, 1984. WITNESS my hand and the official seal of the Board of County C~.,Jssioners of Collier County, Florida, this 18th day of May, 1984. I~ILLSH J. REAC~%N ':". ......... . Clerk of Courts a/~.'Clerk "...~-. Thls orgh~once filed with Secretory of Stoim's Office thc ond ockr~t~:l~,r~gt of th~ filing recmivecl lhll Ex Officio to BoArd of : Coun~ c~',,,~si.?-rs. '. · :~: ",' -'; ' ,. : .T