Ordinance 2011-35
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ORDINANCE NO. 2011- 35
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF
THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES
(THE COLLIER COUNTY CONSOLIDATED IMPACT FEE
ORDINANCE) BY INCORPORA TING, BY REFERENCE, THE
IMPACT FEE STUDY ENTITLED "COLLIER COUNTY SCHOOL
IMPACT FEE STUDY," DATED AUGUST 22, 2011; PROVIDING
THAT THE CURRENT, ADOPTED SCHOOL IMPACT FEE RATES
REMAIN IN EFFECT, AS THEY ARE LOWER THAN THOSE
CALCULATED IN THE UPDATE STUDY; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES;
AND PROVIDING AN EFFECTIVE DATE.
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WHEREAS, on May 13, 1992, the Board of County Commissioners adopted Ordinance
No. 92-33, the Collier County Educational Facilities System Impact Fee Ordinance, thereby
establishing the County's then applicable Educational Facilities Impact Fee rates; and
WHEREAS, on March 13, 2001, the Board of County Commissioners adopted
Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and
superseding all of the County's then existing impact fee regulations, and consolidating all of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances (the "Code"); and
WHEREAS, on June 26,2007, the Board of County Commissioners adopted Ordinance
2007-57, thereby adopting the "Collier County Impact Fee Indexing Study," and amending the
Code to reflect the new indexing provisions and amended rates; and
WHEREAS, on April 28, 2009, the Board of County Commissioners adopted Ordinance
No. 2009-17, amending the Code to implement revised indexing methodology and thereby
established the current Educational Facilities Impact Fee rates; and
WHEREAS, on August 19, 2010, the District School Board of Collier County (the
"District") voted unanimously to recommend a 50% reduction in Educational Facilities (School)
Impact Fees over a twenty-four month period; and
WHEREAS, on August 23, 2010, the District Chairman provided correspondence to the
Chairman of the Board of County Commissioners requesting that the recommendation be placed
on a Board of County Commissioners agenda for discussion and vote.
Underlined text is added; Stru.,k Ihreugh text is delctcd
WHEREAS, at the District's recommendation, on October 12, 2010, the Board of
County Commissioners adopted Ordinance No. 2010-39, with a retroactive date of October 8,
2010, providing for a 50% reduction to the then current School Impact Fee rates; and
WHEREAS, Educational Facilities Impact Fees are collected by Collier County and
transmitted to the District for the purpose of funding growth-related capital improvements; and
WHEREAS, the District uses impact fees to supplement the funding of necessary capital
construction and/or improvements to facilities required to provide public educational facilities to
serve new population and related development that is necessitated by growth in Collier County;
and
WHEREAS, as Section 74-502 of the Code states that impact fee studies should be
reviewed at least every three years, the County retained Tindale-Oliver and Associates,
Incorporated (the "Consultant"), to review the existing School Impact Fees and recommend
changes to the fees where appropriate; and
WHEREAS, Tindale-Oliver and Associates, Inc., has prepared an impact fee study
entitled the "Collier County School Impact Fee Update Study," dated August 22,2011; and
WHEREAS, the "Collier County School Impact Fee Update Study" recommends
changes to the School Impact Fee rate schedule, that provide for rate reductions, however the
current School Impact Fee rates, as a result of the 50% reduction in October 2010, are lower than
those calculated in the study; and
WHEREAS, the Board of County Commissioners has the authority to direct that the
lower rates remain in effect, which is consistent with the District's recommendations; and
WHEREAS, staff has thoroughly reviewed the study findings and concurs with the
results; and
WHEREAS, staff recommends that the Board of County Commissioners adopts this
Ordinance to incorporate the study, by reference, however retain the current, lower School
Impact Fee rates; and
Underlined text is addcd; Slfll.,k through text is deleted
Page 2 of 4
WHEREAS, Section 163.31801, Florida Statutes, which is the Florida Impact Fee Act,
requires that the most recent and localized data be used in impact fee calculations and these
studies comply with that requirement.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Article I, General, Section 74-106, Adoption of impact fee studies, of the
Collier County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74-106. Adoption of impact fee studies.
The board hereby adopts and incorporates by reference the following studies with regard
to the respective public facilities:
***
(6) Educational facilities: "Collier County School Impact Fee Update Studv," prepared
by Tindale-Oliver and Associates, Incorporated. (i\pril 26, 2006 August 22. 2011) ami
the District School Board of Collier County Capital Improvement Plan for fiscal Year
2006/07 2010/11 ;
***
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 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 portions.
Underlined text is added; Strucl. through text is deleted
Page 3 of 4
SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered and internal cross-references amended throughout to accomplish such, and the word
"ordinance" may be changed to "section," "article," or any other appropriate word.
SECTION FOUR. EFFECTIVE DATE.
This Ordinance shall be effective subject to filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida on this the ~ day of n c.- to bey , 2011.
ATTEST .,;, ~:1"'"
Dwight E. ..B?9ok:,~ Cle.tk-,<)
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
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By:
FRED W. COYLE, CHAI N
This ordinance filed with the
SlA~t9ry of S, tate) Office tIe
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Page 4 of 4
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 and correct
copy of:
ORDINANCE 2011-35
Which was adopted by the Board of County Commissioners
on the 11th day of October, 2011, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 17th
day of October, 2011.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
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