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Agenda 12/08/2015 Item #16A2012/8/2015 16.A.20. EXECUTIVE SUMMARY Recommendation to proceed with a feasibility study for a Stormwater Utility which would evaluate an alternative dedicated funding source for ongoing and future stormwater management related initiatives and operations. The study will not exceed $100,000 and will be managed through project number 51144, Stormwater Feasibility and Preliminary Design, Stormwater Capital Improvement Fund 325. OBJECTIVE: To perform an analysis of the development of a stormwater utility as an alternate dedicated funding source to provide an adequate stormwater and surface water management level of service including existing and future development flood protection, stormwater runoff water quality improvement prior to discharge into sensitive receiving waters, and natural area and aquifer recharge protection. CONSIDERATIONS: The Board of County Commissioners (Board) discussed initiating an analysis of development of a Stormwater Utility during the November 3, 2015, Integrated Water Resources Management Strategy Workshop. The purpose of a Stormwater Utility feasibility study is to take a detailed look at all current and future stormwater and surface water management needs and evaluate a mechanism that would create a dedicated restricted funding source that would support the stormwater program. A Stormwater Utility is a programmatic approach with a dedicated funding source that fairly distributes recoverable costs equitably among all users proportionate to the benefits they receive. Thirteen (13) of Florida's sixty -seven (67) counties have now elected to fund their stormwater management needs using a Stormwater Utility. A Stormwater Utility establishes a user fee rate based not on property value but on the amount of rainfall- generated stormwater runoff discharging from the property, which then enters the County's stormwater management system. In 1991, the Board approved Ordinance 91 -27, which established a Stormwater Utility. In 1992, the Board adopted Resolution 9242 to establish a public hearing date to consider adopting a resolution of intent to select the rate and method of collecting a stormwater management user fee as a non -ad valorem assessment for the unincorporated area of Collier County. On January 5, 1993, staff briefed the Board on the proposal to establish a rate structure indicating that a typical residential unit would pay $16 -$24 per year. At the conclusion of public input and Board discussion, the Board voted not to proceed with a countywide stormwater utility. Current stormwater management planning and capital activities are funded by ad valorem taxes. Resolution 2010 -137 directs that general fund revenues up to an equivalent rate of 0.15 mills can be set aside annually for such activities. The current equivalent funding rate is approximately 0.08 mills. Current stormwater management operation and maintenance activities are funded through the Road Maintenance Division. Current funding levels cannot support the rehabilitation of existing aging infrastructure and enhancements needed to improve flood control and water quality. Packet Page -629- 12/8/2015 16.A.20. FISCAL EffACT: Funding for this preliminary analysis is estimated to cost less than $100,000, is available in project number 51144, Stormwater Feasibility and Preliminary Design, within the Stormwater Capital Improvement Fund 325. Source of funds is transfers from the General Fund (00 1) and Unincorporated Area General Fund (111). LEGAL CONSIDERATJONS: This item is approved as to form and legality, and requires majority vote for Board approval. —SRT GROWTH MANAGEMENT HAPACT: Approval of this item is in accordance with the goals and objectives of the Drainage Sub - element of the Growth Management Plan. RECOMMENDATION: To direct the County Manager or his designee to proceed with a Stormwater Utility feasibility study that would evaluate an alternative dedicated funding source for ongoing and future Stormwater Management related initiatives and operations; and to bring back the findings of the study back to the Board for future consideration on implementation. Prepared by: Gerald Kurtz, P.E., Principal Project Manager, Capital Project Planning, Impact Fees and Program Management Division, Growth Management Department Attachment: 1) Ordinance 91 -27 Packet Page -630- 12/8/2015 16.A.20. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.20. Item Summary: Recommendation to proceed with preliminary analysis of development of a Stormwater Utility for utilization as an alternate dedicated funding source for ongoing and future stormwater management related initiatives and operations, estimated cost $50,000- $100,000, project number 51144, Stormwater Feasibility and Preliminary Design, Fund 325. Meeting Date: 12/8/2015 Prepared By Name: KurtzGerald Title: Project Manager, Principal, Capital Project Planning, Impact Fees and Program Management 11/16/2015 8:40:12 AM Submitted by Title: Project Manager, Principal, Capital Project Planning, Impact Fees and Program Management Name: KurtzGerald 11/16/2015 8:40:13 AM Approved By Name: PuigJudy Title: Operations Analyst, Operations & Regulatory Management Date: 11/17/2015 10:04:00 AM Name: PattersonAmy Title: Division Director - IF, CPP & PM, Capital Project Planning, Impact Fees and Program Management Date: 11/17/2015 10:36:48 AM Name: KearnsAllison Title: Manager - Financial & Operational Sprt, Capital Construction & Maintenance Budget/Fiscal �., Date: 11/17/2015 4:17:59 PM Packet Page -631- 12/8/2015 16.A.20. Name: TaylorLisa Title: Management/Budget Analyst, Senior, Capital Construction & Maintenance Budget/Fiscal Date: 11/18/2015 8:58:46 AM Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 11/18/2015 11:38:40 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Administration Date: 11/18/2015 1:11:11 PM Name: KlatzkowJeff Title: County Attorney, Date: 11/18/2015 3:19:04 PM Name: UsherSusan Title: Management/Budget Analyst, Senior, Office of Management & Budget Date: 11/19/2015 12:14:54 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 11/22/2015 11:02:53 AM Packet Page -632- �6�gg101112�3 ^�a 'QA N d+ n J ORDINANCE NO. 91 -_ 12/8/2015 16.A.20. AN ORDINANCE OF COLLIER COUNTY, FLORIDA RELATING TO STORMWATER MANAGEMENT IN THE COUNTY AND CREATING A STORMWATER UTILITY; STATING AUTHORITY; GOVERNING BOARD, .POWERS AND DUTIES; STATING FINDINGS, PURPOSE AND DECLARA- TION OF BENEFIT; PROVIDING TITLE AND CITATION; PROVIDING FOR APPLICABILITY OF ORDINANCE; PROVIDING DEFINITIONS; ESTABLISHMENT OF A STORMWATER UTILITY; ESTABLISHMENT OF A STORMWATER UTILITY ENTERPRISE FUND; PROVIDING FOR ISSUANCE OF BONDS_; PROVIDING FOR DEVELOP- MENT, IMPLEMENTATION AND APPLICATION OF FUNDING; OPERATING BUDGET; REQUIRED LEVELS OF RATES FOR STORMWATER UTILITY.FEES AND ASSESS- MENTS; IMPOSITION OF STORMWATER UTILITY FEES; ESTABLISHING AREA OF OPERATION, BENEFIT AREAS AND UTILITY FEES; NOTICE REQUIREMENTS FOR RESOLUTIONS ESTABLISHING OR MODIFYING AREA OF OPERATION BENEFIT AREAS AND SETTING OR MODIFY- ING RATES; ASSESSMENTS AND UTILITY FEES; CREDITS AGAINST UTILITY FEES AND ASSESSMENTS; BILLING AND PAYMENT OF STORMWATER UTILITY FEES OR ASSESSMENTS; ADJUSTMENT OF UTILITY FEE AND ASSESSMENTS, CORRECTIONS; PENALTIES; ADJUST- MENTS; ADJUSTMENT OF UTILITY FEE AND ASSESS- MENTS; CORRECTIONS; CREATION OF A COMPREHEN- SIVE STORMWATER MANAGEMENT UTILITY CODE; CONFLICT AND SEVERABILITY; AND EFFECTIVE DATE. WHEREAS, Collier County (the "County ") is responsible for the conservation, management, protection, control, use and enhancement of water resources and management, maintenance, and improvement of the stormwater systems in the unincorporated areas of the County; and WHEREAS, the County has adopted a Comprehensive Growth Management Plan which identifies water resource needs and objectives; and WHEREAS, the Growth Management Plan directs the County to adopt stormwater utility service charges as the primary method of financing the system improvements outlined in the Capital Improvement Element; and WHEREAS, the Federal Clean Water Act as amended by the Water Quality Act of 1987 (33 U.S.C. 1251, et sea.) and rules to be promulgated by the United States Environmental Protection Agency require that political entities having populations of greater than -1- Packet Page -633- 12/8/2015 16.A.20. 100,000 persons develop, implement, and fund stormwater management programs and obtain discharge permits for certain outfalls from stormwater systems; and WHEREAS, the Board'of County Commissioners (the "Board ") has authorized the preparation of a professional engineering and management analysis of.the stormwater systems and the stormwater management-,problems, needs.;"goals,'operational and capital requirements, and' funding opportunities in the County; and WHEREAS,-the professional engineering and management analysis has been prepared.and delivered to the Board and has been examined, reviewed, discussed.and adopted as a blueprint for implementation by the Board and has been subject to public meetings and.discussions in the County; and WHEREAS,'the analysis indicates that substantial stormwater management•operating• program, regulatory, and capital improvement needs exist-in Collier County; and WHEREAS, the County has concluded that it will be necessary and essential to undertake a comprehensive stormwater management program (the "Program ") to..construct improvements to its existing stormwater - management system -which has been developed over a number.of years for the purpose of collection, storage, treatment and conveyance of stormwater, to ensure that the collection and disposal of stormwater within the County adequately protects the health, safety, and welfare of the citizens of the County; WHEREAS, in developing the Program, the County has concluded that it is necessary to fund the Program by exercising its prerogative under Florida law to create a Stormwater Utility to collect Utility Fees, to make assessments and borrow monies sufficient to plan, construct, improve, operate and maintain the Program, and to set aside any other funds for purposes of funding the Program. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: -2- Packet Page -634- /-11\ ,/'\ ;Y 12/8/2015 16.A.20. SECTION ONE: AUTHORITY The Board-is authorized by the constitution and laws of the State of Florida, including Chapter 125, Florida Statutes and Sectit5h; 403 »0893; Florida Statutes to construct, reconstruct, improve,-and extend.stormwater management systems, or create stormwater utilities and to issue bonds and other obligations to finance-in wholef -or part'the cost of'such systems and to establish just and-equitable rates, fees, and charges for the services and facilitibW'..provided:by such systems: SECTION TWO: GOVERNING.BOARD, POWERS AND DUTIES ::The Board-= of.County..Commissioners of Collier County, Florida as".thegoverning body of:Collier County is Ex- Officio the Governing Board of the Stormwater Utility established hereby with the power-and duty-to conduct the affairs of the Utility as prescribed by;Florida:-law.: SECTION THREE: FINDINGSy PURPOSE AND DECLARATION OF BENEFIT The Board does-.hereby - make the following findings: -(a) The professional engineering and management analysis submitted to and adopted by the Board on August 27, 1990 ,' •.•:properly_ defines.the.stormwater management needs of the - "' County. . .(b). The stormwater management 'needs of the County differ from area to area and that stormwater management service areas* are definable on the basis of such differences in service needs and contribution to the overall problem: (c) The ability of the County to effectively conserve, manage, protect, control, use, and enhance the water resources of the County is dependent on the provision of adequate, equitable and stable funding for the stormwater management nrogram. (d) The stormwater management system, including the components which provide for the collection of and disposal of stormwater and regulation of groundwater, is -3- Packet Page -635- 12/8/2015 16.A.20. of benefit and provides services for the welfare of the County and its residents including property not presently served by the physical elements thereof. (e) 'The formation of a stormwater utility, the establishment -of a separate enterprise fund for accounting of the -�' revenues, expenditures,• assets, and earnings of the ;Utility, and adoption-of various rates, fees, charges, -•• rentals, fines, and penalties are necessary to meet the needs identified in the professional engineering and .._.'. management *analysis. It' is= the intent. of the- County that in addition to other available monies, Stormwater Utility Fees and Assessments shall fund:the-costs of Operation and Maintenance, Extension and Replacement and Debt Service of the Stormwater Management System. =It is therefore the purpose of this Ordinance to provide for the' •.'.health;:safetyand -welfare of the citizens of Collier County, Florida -by providing for the conservation, management, protection, control, use and enhancement, maintenance and improvement of the stormwater- systems in the unincorporated areas of the County. It is-hereby declared and determined by the Board of County Commissioners that the stormwater management services provided pursuant to this Ordinance and the establishment of a Stormwater Utility constitute a benefit to the properties within the Area of Operation equal to or in excess of the costs of providing such stormwater management services. SECTION FOUR: TITLE AND CITATION This Ordinance shall be known and may be cited as the "Collier County Stormwater Utility Ordinance ". SECTION FIVE: APPLICABILITY This Ordinance shall apply to and be enfprCed in a.1 the unincorporated area of Collier County. -4- Packet Page -636- 100"N 1-0\ 12/8/2015 16.A.20. SECTION SIX: DEFINITIONS For the purpose of this Ordinance, all capitalized, undefined terms used in this ordinance shall have the following meanings: A. "Area of Operation" means that area designated in any resolution of the Board as provided herein as the area within which the System shall.be operated and in which a Utility Fee is imposed. - . B. "Assessment" means a per acreage fee authorized by the terms of Section 403.0893(3) Florida Statutes, as amended, and this Ordinance, to be assessed for funding such costs of Operation and Maintenance, Debt Service and Extension and Replacement attributable�to a Benefit Area that the Board may determine by resolution-of the Board-as provided herein. .- C: • "Benefit Area" means any portion or portions of an area Within or without an Area of Operation, designated by resolution of the Board as provided herein as a Benefit Area for purposes of determining Utility Fees and /or Assessments to be payable in such area. -'-D:• "Board" means the Board of County Commissioners of Collier County, Florida. E. "Bonds" means revenue bonds, assessment bonds, notes, loans or any other debt obligations issued or incurred to finance the Costs of Construction. F. "Costs of Construction" means costs reasonably incurred in connection with providing capital improvements to the System or any portion thereof, including but not limited to the costs of (1) acquisition of all property, real or personal, and all interests in connection therewith including all rights -of -way and easements therefor, (2) physical construction, installation and testing, including the costs of labor, services; °Srmittin7, materials, supplies and utility services used in connection therewith, (3) architectural, engineering, legal and other professional services, (4) insurance premiums taken out and -5- Packet Page -637- 12/8/2015 16.A.20. M. "Operating Budget" means the annual Utility operating budget adopted by the County for the succeeding Fiscal Year. Ni-, "Operations and Maintenance" means the current expenses, paid or accrued, of operation, maintenance and current repair of the.System, as calculated in accordance with sound accounting praoti*ce•; and includes, without limiting the generality of the foregoing, insurance premiums, administrative expenses, labor, executive compensation, the cost of materials, equipment and supplies used for current operations, and charges for the accumulation of.appropriate reserves for current expenses not annually incurred, but which are such as may reasonably be expected to be incurred in accordance with sound accounting practice. O. . "Property Appraiser" means the Property Appraiser of Collier County, Florida. -P. "Revenues" means all rates, fees, assessments, taxes, rentals or other charges or other income received by the Utility, in connection with the management and operation of the System, including amounts received from the investment or deposit of moneys in any fund or account and any amounts contributed by the County, all as calculated in accordance with sound accounting practice. Q. "Stormwater Management System" or "System" means the existing stormwater management of the County and all improvements thereto which by this Ordinance are constituted as the property and responsibility of the Utility, to be operated as an enterprise fund to, among other things, conserve water, control discharges necessitated by rainfall events, incorporate methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce floodi, ^,g, over- drainage, environment -al degradation and water pollution or otherwise affect the quality and quantity of discharge from such System. -7- Packet Page -638- 12/8/2015 16.A.20. R. "Stormwater Utility" or "Utility" means the enterprise fund utility created by this Ordinance to operate, maintain and improve the System. S. "Stormwater.Utility Fee" means a Utility fee authorized by Florida law and this Ordinance which is established to pay Operations and Maintenance; Extension and Replacement and Debt Service.. •.T. "Tax.Collector" means the Tax Collector of Collier County, Florida. SECTION SEVEN: ESTABLISHMENT OF A STORMWATER UTILITY .The Board hereby establishes�a Stormwater Utility, which shall-.be responsible for the conservation, management, protection, control, use, and enhancement of water resources in the County and the management, operation, maintenance, and improvement of the public stormwater systems, and which Utility shall operate as a Section of the Water Management Department within the Environmental Services Division of the County. ��. SECTION EIGHT: ESTABLISHMENT OF A STORMWATER UTILITY ENTERPRISE FUND The Board hereby establishes a Stormwater Utility Enterprise Fund for the accounting of all revenues, expenditures, assets,. and earnings of the Utility, in which all revenues from the Stormwater Utility shall be deposited. Monies in said Fund shall, in priority of order, pay the costs of (i) Operations and Maintenance, (ii) Debt Service and (iii) Extension and Replacement. SECTION NINE: ISSUANCE OF BONDS The Stormwater Utility may issue Bonds for the purposes described herein pursuant to a resolution of the Board authorizing the issuance thereof. Except as herein otherwise expressly provided or in any resolution of the Board authorizing the issuance of Bonds, all Bonds shall be payable solely out of the revenue and receipts derived from the System or of any portion -8- Packet Page -639- 12/8/2015 16.A.20. thereof; provided, that notes.issued in anticipation of the issuance of Bonds may be retired out of the proceeds of such Bonds. SECTION TEN: DEVELOPMENT, IMPLEMENTATION, AND APPLICATION OF FUNDING The Board shall provide for the development, implementation, n La: and application of various funding methods including but not limited to the service charges, special assessments, non ad valorem assessments, fees for services or in -lieu of regulatory requirements, fines, penalties, impact fees, and such other funding methods as the County may be authorized to use as it determines by subsequent resolution. SECTION ELEVEN:. OPERATING BUDGET The Board shall adopt an Operating Budget not later than the first day of each Fiscal Year. The Operating Budget shall set forth for such Fiscal Year the estimated Revenues and the estimated costs for Operations and Maintenance, Extension and Replacement and Debt Service. SECTION TWELVE: REQUIRED LEVELS OF RATES FOR STORMWATER UTILITY FEES AND ASSESSMENTS The Board shall require that adequate Revenues are generated to provide for a balanced Operating Budget by setting sufficient levels of Stormwater Utility Fees and Assessments. SECTION THIRTEEN: IMPOSITION OF STORMWATER UTILITY FEES The Board hereby authorizes the imposition of Stormwater Utility Fees on all property within the Area of Operation which shall be established or modified by Board resolution as provided herein. Additional Utility Fees may be established by Board resolution as provided herein. SECTION FOURTEEN: ESTABLISHING AREA OF OPERATION, BENEFIT AREAS (1) Area Qf operation. (a) The Board shall describe and establish the initial Area of Operation and shall make such modifications as it determines by subsequent resolution as provided herein. -9- Packet Page -640- /"\ I j..,- -. 12/8/2015 16.A.20. (2) Benefit Areas. (a) The Board may describe and establish Benefit Areas within or without the Area of Operation and may establish additibnal.Benefit:.Areas and make such "modifications as it determines by subsequent resolution as provided herein. SECTION FIFTEEN: NOTICE REQUIREMENTS FOR RESOLUTIONS ESTABLISHING OR MODIFYING AREA OF OPERATION, BENEFIT AREAS.AND SETTING OR MODIFYING RATES A public hearing shall be held prior to adopting resolutions establishing or modifying an Area of Operation, Benefit Areas, or setting or modifying Stormwater Utility Fees and Assessments. Notice of the public hearing shall be published 15 days prior to the hearing in a newspaper of general circulation in the County. SECTION SIXTEEN: AS AND UTILITY FEES The Board may, by resolution, establish a Benefit Area and impose a per acreage fee on real property located in the Benefit Area. Benefit Areas may be charged an Assessment in addition to Utility Fees. ^ (1) Assessments. Assessments shall be established by this Ordinance.or by Board resolution as provided herein, which shall set forth.(i) the Benefit Area to which the Assessment applies and (ii)-what portion of the Assessment will be used for the costs of Operations and Maintenance, Extension and Replacement and Debt 5ervice...7The..Board in its discretion may determine that Assessments should vary by Benefit Area based on its review of the facts, including benefits received, burdens produced and services rendered. (2) Utility Fees. Utility Fees shall be initially imposed and may be later modified by Board resolution as provided herein. Any Board resolutions imposing or modifying Utility Fees shall set forth (ij tie Area of Operation or Benefit Area to which the Utility Fee applies (ii) what portion of the Utility Fee will be used for the costs of Operations and Maintenance, Extension and Replacement and Debt Service and (iii) the Utility Fee rate, if -10- Packet Page -641- f 12/8/2015 16.A.20. applicable. The Board in its discretion may determine that Utility Fees should vary.by Benefit Area based on its review of the facts including benefits received, burdens produced and services. rendered. SECTION SEVENTEEN :-..CREDITS AGAINST UTILITY FEES AND ASSESSMENTS BrOPOMY ;.owners ,)may, receive credit against Utility Fees and Assessments in amountMrdpProved by: the Board for past or future expenditures determined by the Director to benefit the System. Such. determination shall be made in accordance with the guidelines set forth in resolutions establishing an Area of Operation, Benefit Area- or setting Utility Fees and Assessments. SECTION EIGHTEEN: BILLING AND PAYMENT OF UTILITY FEES OR ASSESSMENTS, PENALTIES; ADJUSTMENTS The Board shall, by resolution, establish the method of collecting Stormwater Utility Fees and Assessments and may provide for any remedies permitted under Florida law for collection of payments, including liens and penalties and any remedies set forth in the provisions contained in §403.0893, Florida Statutes, as amended. SECTION NINETEEN: ADJUSTMENT OF IITILITY FEE AND ASSESSMENTS; CORRECTIONS. (1) Owner- Initiated Adjustments. Requests for adjustment of the Utility Fee or an Assessment shall be. submitted to the Director, who shall have authority to adjust the Utility Fee or Assessment pursuant to the procedures and standards as established herein. No credit shall be given for the installation of facilities required by County ordinances or applicable laws. The following procedures shall apply to all adjustment requests of the Utility Fee or an Assessment: (a) Any owner who believes the Utility Fee or Assess,ue.^., incorrect, 1- h �S iit�:�rrct,t, Luny, $iIb]ec:L LO the Iitxitazions Set Tort herein, submit an adjustment request to the Director. (b) The adjustment request shall be in writing and set forth, in detail, the grounds upon which the correction is sought. -11- Packet Page -642- /00_\ 110� ' 12/8/2015 16.A.20. (c) The adjustment request of a Utility Fee or Assessment must be made within thirty (30) days after the date of its first class mailing. The adjustment request will be reviewed by the Director within three (3) months from the date of filing of the'_hdjustment..request:t* Consideration by the Director of the owner's request.for: adjustment shall not relieve the owner of the obligation to make.timely payment of the Utility Fee or Assessment. In.the event an adjustment is granted by the Director which.decreases the Utility Fee or an Assessment, the owner shall be entitled to credit for the excess Utility Fee or Assessment paid.. '-If the Utility Fee or Assessment is' placed on the real property,:;zaX - bill, the - credit shall.be so noted on the respective owner's real property tax bill. (d) The owner requesting the adjustment may be required, at his own cost, to provide supplemental information to the Director including, but not limited to, survey data approved by a professional land surveyor and engineering reports approved by a professional engineer. Failure to provide such information may result in the denial of the adjustment request. (e) The granting or denial of an adjustment to a Utility Fee or an Assessment will be furnished to the owner, in writing, by the Director. If the Utility Fee or an Assessment is placed on the real property tax bill, the document granting an adjustment to a Utility Fee or an Assessment will also be sent to the Tax Collector. (2) Right of Review by Board. The owner has the right to appeal the decision of the Director to the Board. The appeal must be made within thirty (30) days of receipt of such denial. The Board shall furnish, in writing, its determination within sixty (60) days of receipt of the request for review. It shall set forth the reasons for the decision based on the criteria contained in this Section. -12- Packet Page -643- 3 12/8/2015 16.A.20. (3) County- Initiated Adiustments. If the Utility Fee or an Assessment is placed on the Tax Bill, any errors in the Utility Fee or an Assessment or failure to charge a Utility Fee or an Assessment may be.corrected by the Tax Collector. If the Utility Fee or :an-- Assessment -Is not placed on the Tax Bill, any errors in theUtility.Fee or an --Assessment or failure to charge a Utility Fee Dr-'Assessment.may'be corrected by the Director. Corrections which result in an increase in a Utility Fee or an Assessment cannot-.be-imposed until the owner has consented in writing to the increase.or has been given at least ten (10) days notice by certified mail and an opportunity to be heard by the Board. Once the-adjustment is finalized, the Director shall send documentation reflecting the adjustment to the owner and, if the Utility Fee or Assessment is placed on the Tax Bill, the documentation will also be sent to the Tax Collector. SECTION TWENTY: CREATION OF A COMPREHENSIVE STORMWATER MANAGEMENT UTILITY CODE The Board may -create and adopt a Comprehensive Stormwater Management Utility Code for the County. SECTION TWENTY -ONE: 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 separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION TWENTY -TWO: 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. -13- Packet Page -644- 110\ t 12/8/2015 16.A.20. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this //_ day of 1991. ATTEST:. BOARD OF COUNTY COMMISSIONERS _ .JAMES C. GIL*ES, Clerk COLLIER COUNTY, FLORIDA _.. BY: - PATRICIA ANNE GOODNIGHT Chairperson Approved'as to form and :legal sufficienc David c. weigeriv Assistant County A orney This ordir,r ^' with the • 53�r, , ( "fice the oy 00104,144., . -..� and acknow:e6- -rn:: ^t cf -"'Qt ord /dp/2381 filing received this daY of ' Owev ewx -14- Packet Page -645-