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Ordinance 2006-15 ,\0'\" 1213 14'8- "",fb ~~ ! !---an. ~ ~~ ~ ~ D[f'[I\'ED ~ ORDINANCE NO. 2006- 15 s.t. ~ ~ ftLUUl ~ ~- ~ \ 1; RDINANCE OF THE BOARD OF COUNTY COMMISSIONE~@F';:; o~~ LLIER COUNTY, FLORIDA, AMENDING SECTION 74-308 (~t)F ~c~L'7.9"t4 HAPTER 74 OF THE COLLIER COUNTY CODE OF LAWS .~ ~ ORDINANCES, THAT ORDINANCE BEING THE COLLIER COU~V "-R CONSOLIDATED IMPACT FEE ORDINANCE, NO. 200,1-13, ~ c..n AMENDED, PROVIDING FOR A CHANGE IN, 'f.tm IMPLEMENTATION DATE FOR THE ANNUAL INDEXING ADJUSTMENTS TO THE CORRECTIONAL IMPACT FEE RATES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LA WS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. -n ..- :r-- l \('n .. '..i o WHEREAS, on June 22, 1999, the Board of County Commissioners adopted Ordinance No. 99-52, the Collier County Correctional Facilities Impact Fee Ordinance, thereby establishing the County's then applicable Correctional 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 superceding 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 incorporating the aforementioned Correctional Facilities Impact Fee rates that had been established by the adoption of Ordinance No. 99-52; and WHEREAS, on September 27, 2005, the Board of County Commissioners adopted Ordinance No. 05-47, thereby updating the Correctional Facilities Impact Fee rates through the formal update study process; and WHEREAS, Ordinance No. 05-47 also set forth an indexing methodology to be imposed annually in an equitable and non-discriminatory manner; and WHEREAS, the annual indexing was scheduled to be implemented on or about November 1, 2006; and WHEREAS, Collier County has experienced a rapid and dramatic increase in costs of construction and property acquisition, well above the national average, since Ordinance 05-47 was adopted; and WHEREAS, provisions in proposed legislation will allow for impact fees adopted prior to July 1, 2006, to remain in effect until July 1, 2008, at which time they must fully comply with all new provisions of law; and WHEREAS, Collier County uses impact fees to supplement the funding of necessary capital improvements required to provide public facilities to serve new population and related development that is necessitated by growth in Collier County; and WHEREAS, given the rapid increases of costs, the annual indexing of the Correctional Facilities Impact Fee should be prepared early in order to meet the deadline established by the proposed legislation; and WHEREAS, this action will allow Collier County to continue to provide for capital improvements to the Correctional Facilities system necessitated by growth. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Underlined text is added; Stmek tllrslIglI text is deleted SECTION ONE. Article III, Special Requirementsfor Specific Types of Impact Fees, Section 74-308, Special requirements for Correctional impact fee, of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-308. Special Requirements for Correctional impact fee. *** (g) Annual Mid-Cycle Correctional Impact Fee Rate Indexing. Beginning on November 1, 2005, the County shall commence a three-year Correctional Impact Fee update cycle pursuant to Subsections 74-201(b) and 74-502(a) of the Code. In each of the two (2) mid-cycle years (between the formal three-year updates) beginning on or about Novomber I, 2006 May L 2006, the County shall implement adjustments to the correctional impact fee rates based upon the building cost index provided by the Engineering News-Record. Mid-cycle indexed rate change adjustments will be adopted by a Resolution of the Board pursuant to Subsection 74-201 (b) of this Chapter. 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 THE CODE OF LAWS AND ORDINANCES. The provisions in Section One 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 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 immediately upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ~ day of April, 2006. ATTEST Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA .,~~CI '(}(hri~ By: ~~........ ., . ," .. .., .,'. ~lerk FRANK HALAS, Chairman t . l: . ) . ' Approved as to form an eg sufficiency: ~,- /~ Y " Klatzkow taIlt County Attorney ~ Page 2 of2 Underlined text is added; StRlek tllfellgll text is deleted F FLORIDA) 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 2006-15 Which was adopted by the Board of County Commissioners on the 11th day of April, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 11th day of April, 2006. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissione:;-~:,~ .i; ;).H ," ~ ~-.~ ~; :~..'\'}.. .. /J .~ -:'::~L '~~~,~f' ., ~\~ " . .~ . . ',~< . ". " ~ ., ~ . . t . ~