Ordinance 2002-66 ORDINANCE NO. 2002 - 66_-_
\Tp. I%~,u~ ·-'- _~ ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENI~:NG
X~c~' _.4.~::;HAPTER 74 OF THE COUNTY'S CODE OF LAW .~D ~',,~
"~-- ~os6/,~:." ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001-13 {~I~E
~ COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINA ,
PROVIDING FOR ANNUAL MID-CYCLE YEAR INDEXING
ADJUSTMENTS TO ROAD IMPACT FEE RATES AND PARKS
AND RECREATIONAL FACILITIES IMPACT FEE RATES;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, on May 25, 1999, the Board of County Commissioners of Collier
County (the Board) adopted Ordinance No. 99-39, which set forth new Parks and
Recreational Facilities Impact Fee rates; and
WHEREAS, on January 11, 2000, the Board adopted Ordinance No. 2000-3,
which adopted revised Road Impact Fee rates; and
WHEREAS, on March 13, 2001, the Board adopted Ordinance No. 2001-13, the
"Consolidated Impact Fee Ordinance," (Chapter 74 of the County's Code of
Laws and Ordinances) which requires formal updates all Collier County impact
fee rates in three-year cycles adopted by Resolutions of the Board following
public hearings; and
WHEREAS, on June 25, 2002, the Board adopted Resolution No. 2002-304, to
adopt the current Parks and Recreational Facilities Impact Fee rates; and
WHEREAS, on October 8, 2002, the Board adopted Resolution No. 2002-423,
which adopted revised Road Impact Fee rates, to become effective on November
1,2002; and
WHEREAS, in each of the two interim years (between the three-year updates)
the Board desires, by indexing, to incorporate changes in the relevant costs into
the Road Impact Fee rates and the Parks and Recreation Impact Fee rates.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
SECTION ONE. Article III, Subsection G in Section 74-302 of the Collier County
Code of Law and Ordinances (Collier County Ordinance No. 2001-13) is hereby
created to read as follows:
G. Annual Mid-Cycle Road Impact Fee Rate Indexing. Be.qinnin.q
November 1, 2002, the County shall commence a three-year Road Impact Fee
update cycle pursuant to Subsections 74-201.B. and 74-502.^. of this Ordinance.
In each of the two mid-cycle years (between the formal three-year updates)
be_ainninc~ November 1, 2003, the County shall implement indexed adiustment.~
to desi.qn costs, construction costs, en.qineerinq costs and Inspection costs, plus
the non-land components of the costs of ri.qht-of-way acquisition based on
inflation projections contained in the Evaluation and Update of Unit Costs for
Impact Assessment (Revised September 1, 2002) prepared for Collier County by
Post, Buckley, Schuh and Jerni.qan, Inc. and based on the price trends index
prepared by the Florida Department of Transportation's Office of Planninq. Mid-
cycle adiustments to the costs of rights-of-way acquisition shall be weighted as
follows: seventy-five percent (75%) from real property value chanqes as
determined from data compiled by the Collier County Property Appraiser as
specified below in this Subsection and twenty-five percent (25%) as determined
by cost change data from the Florida Department of Transportation's Office of
Planninq as specified above in this Subsection. The inflation rates for the land
costs component of riqhts-of way acquisition durinq the two mid-years shall be
based on the percentaqe change in Just Values takinq into account mid-year
chan.qes in real property values, but not taking into account value chanqes
caused by new construction during the respective mid-year adjustment period, as
determined annually by the Collier County Property Appraiser. The total Just
Value adjustment in any mid-year adjustment period shall not exceed twenty-five
percent (25%). The allocation formula shall be as then specified in the
Administrative Procedures Manual. Mid-cycle indexed rate chanqe adiustments
shall be adopted by a Resolution of the Board pursuant to Subsection 74-201.B.
of this Chapter.
SECTION TWO. Article III, Subsection G in Section 74-304 of the Collier
County Code of Law and Ordinances (Collier County Ordinance No. 2001-13) is
hereby created to read as follows:
G. Annual Mid-Cycle Parks and Recreational Facilities Impact Fee
Rate Indexinq. Collier County Resolution No. 2002-304, adopted June 25,
2002, established a Parks and Recreational Facilities Impact Fee Rate Schedule
three-year update program, which commenced on June 25, 2002, pursuant to
Subsections 74-201.B. and 74-502.A. of this Chapter. In each of the two mid-
cycle years (between the formal three-year updates) and beginning on or about
June 251 2003, the County shall implement indexing adjustments to each Parks
and Recreational Facilities Impact Fee amount by multiplying the then current
Impact Fee rates by a fraction, the numerator of which shall be the "Consumer
Price Index - Miami-Ft. Lauderdale MSA, FL1 All Items," as reported by the
United States Bureau of Labor Statistics, for the most recent period for which
figures are then available, and the denominator of which fraction shall be
"Consumer Price Index - Miami-Ft. Lauderdale MSA, FL, All Items1" as reported
by the United States Bureau of Labor Statistics, for one year prior to the period
specified in the numerator. Mid-cycle indexed rate change adiustments shall be
adopted by a Resolution of the Board pursuant to Subsection 74-201.B. of this
Chapter.
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Words struck through are deleted; words underlined are added.
SECTION FOUR: INCLUSION IN 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
Ordinances may be renumbered or relettered to accomplish such, and the word
"ordinance" may be changed to "section", "article", or any other appropriate word.
SECTION FIVE: EFFECTIVE DATE.
This Ordinance shall be
Department of State.
effective upon filing with the Florida
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier. Cq~nty, Florida thi~/h,t~ day of ~ 2002.
,~, . .* . -..'.-.~.,,..' ~
Approved as to form and
legal sufficiency:
Thomas C. Palmer
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
JAML:f-~N. COLE'II'A, Chairman
This ordinance 'Fired with thr:
Secretary of.State's Office tko
4o~,~ dw of J;~c~d~, ~zooz~''~
and acknowledgement of that
fiJ~.~e~ived Z~t ~ day
o~~/~
3
Words :truck thraugh are deleted; words underlined are added.
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 copy of:
ORDINANCE NO. 2002-66
Which was adopted by the Board of County Commissioners on
the 3rd day of December, 2002, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 4th day
of December, 2002.
County Comm~ss~O~e~"...
By:
Ellie Hoffman,
Deputy Clerk