Ordinance 2004-79
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~ DEC 3X)4 t~ I ORDINANCE NO. 2004- 79
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\ RfCflVm 0 g; INANCE OF COLLIER COUNTY, FLORIDA, ADDING A NEW SECTION
é"~ (g) SECTION 74-303 (IN ARTICLE III) OF ORDINANCE NO. 2001-13 (THE
~9L t\J IER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE), TO
9t'tU:\' QUIRE ANNUAL MID-CYCLE YEAR INDEXING ADJUSTMENTS TO THE
WATER AND SEWER IMPACT FEE RATES; PROVIDING FOR INCLUSION
INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCE;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN
EFFECTIVE DATE
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 of all Collier County impact fee rates in three-
year cycles adopted by Resolutions of the Board following public hearings; and
WHEREAS, in accord with that direction, staff retained Public Resources
Management Group, Inc. (Consultant) to undertake a Water and Wastew#.ler I~ct Fee
Study Update to review the existing water and sewer impact fees and to recoŸn,Íl1en@halJg~1s
to those fees when appropriate; and ~ - ;,-; ,:~:
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WHEREAS, in a report issued on March 9, 2004, the Consultant recommende~_Jl
water impact fee rate increase from $2,570 per ERC to $2,660 per ERC; and~-sewèi imp!£ì
fee rate increase from $2,950 per ERC to $3,010; and " ~.).".:
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WHEREAS, on May 25, 2004, the Board of County Commissmn'ers-'ådopted
Resolution No. 2004-183, to amend schedule Two of Appendix A of Chapter 74 of the
Collier County Code of Law and Ordinances as amended, the County's Consolidated Impact
Fee Ordinance, and thereby to authorize the recommended increase in the water and sewer
impact fee rates, with an effective date of June 1,2004; 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 Water and
Sewer Impact Fee Rates.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. A new Section (g) is hereby added to Section 74-303 (in Article
III) of the Collier County Code of Law and Ordinances (the same being Collier County
Ordinance No. 2001-13), as follows:
Ü!) Annual Mid-Cvcle Water and Sewer Impact Fee Rate Indexine:.
Beginning January 1. 2005, the County shall commence a three-year Water and
Sewer Impact Fee update cycle pursuant to Subsections 74-201.B. and 74-502.A. of
this Ordinance. In each of the two mid-cycle years (between the formal three-year
updates) and be?:inning on or about June 1. 2005. the County shall implement
indexing adiustments to each Water and Sewer Impact Fee amount by multiplying the
then current Water and Sewer Impact Fee rates by a fraction, the numerator of which
shall be the "Consumer Price Index - Miami-Ft. Lauderdale MSA. FL. 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
the "Consümer Price Index - Miami-Ft. Lauderdale MSA. FL. All Items" 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.
Underlined text is added.
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.
SECTION THREE. 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 re-Iettered 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 upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this 14th day of December, 2004.
ATTEST:
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And legal' ~ütîIë1~~cy:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
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ann a Fiala, Chairman
JoWl filttt...--
Thomas C. Palmer,
Assistant County Attorney
This ordio,once fik·d with th(~
Secretmv of Stote's Office the
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and Of~'~ 1"l<"/'/;"'(¡<~:~:Tj~J'¡~ of that
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D€puty C'erk
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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 2004-79
Which was adopted by the Board of County Commissioners
on the 14th day of December 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 16th
day of December, 2004.
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DWIGHT E. BR09~+>~~,".:~,~(:": '~......~?;, .", !
Clerk of COUJ:~t:~ .:'~t«;}ep;·k. 7' .
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County Commiš.à~Qñ~S'l~7~'~. ':: i
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By: Linda A. Houtzer
Deputy Clerk
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