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Agenda 06/24/2008 Item # 8B Agenda Item No. 88 June 24, 2008 Page 1 of 6 EXECUTIVE SUMMARY Adopt a Resolution amending the Collier County Water-Sewer District Impact Fee Rates established by Ordinance No. 2007-57. OBJECTIVE: Adopt a Resolution amending the impact fee rates established by Ordinance No. 2007-57, as amended, providing for incorporation by reference the results of the Water and Wastewater Impact Fee Study, dated June 24, 2008. CONSIDERATIONS: The revised impact fees are to fund water and wastewater growth-related capital projects identified in the county's 2008 Water and Wastewater Master Plan Updates. Water and wastewater impact fees are used by the Collier County Water-Sewer District (District) to partially fund necessary long-term capital improvements required to meet the increased demand for potable water, wastewater, and non-potable irrigation quality water services relative to population growth and growth-related development. The recommended capital improvements and planning studies that are the basis for the determination of proposed changes to the existing water and wastewater impact fees and user rates are detailed in the 2008 Water and Wastewater Master Plan Updates to be presented for approval to the Board of County Commissioners (Board) on June 24, 2008. Ordinance No. 2001-13, adopted by the Board on March 13, 2001, as amended, included amendments to impact fee schedules by Resolution No. 2002-88 on February 12, 2002. The impact fee methodology for the District's non-residential customers was amended by Resolution No. 2003-300 on September 9, 2003. On April 13, 2004, Resolution No. 2004-102 authorized a change in format to the subject Fee Schedule to provide additional clarity and consistency regarding water and wastewater impact fees. Ordinance No. 2006-26 of June 6,2006 amended Ordinance No. 20(H-13. This amendment was made to include ArmuaI Mid-Cycle water and sewer impact fee rate indexing. This applies only for the years when an impact fee study is not done. It does not apply to the proposed fee adjustment in this resolution because the impact fee study has already factored in the effect of the Consumer Price Index (CPI). Ordinance No. 2007-57, adopted on June 26, 2007, established the District's current water and wastewater impact fees. For water and wastewater combined, the capital costs allocable to future users through Fiscal Year 2018 are estimated at approximately $503 million. The methodology used to calculate these proposed impact fees is consistent with the approach used in previous impact fee studies, and conJorms to the equity tests established by case law (i.e., rational nexus). ~ Staff offered the Productivity Committee the opportunity to review the study at their April] 6, 2008, meeting. The Productivity Committee declined, expressing confidence in Agenda Item No. 88 June 24, 2008 Page 2 of 6 the consultant and staff preparing the study. The proposed impact fees were approved by the Development Services Advisory Committee on JWle I 1,2008. The proposed impact fees are $3,575 for each Equivalent Residential Connection (ERC) for water, and $3,495 for each wastewater ERC. The proposed revisions result in a $41.49 decrease per water ERC, and a $227.39 decrease per wastewater ERe. If approved, both fees will become effective October 1, 2008. FISCAL IMPACT: Assuming an average annual growth rate of2,000 water ERCs and 2,000 wastewater ERCs, the revenues to be generated by these recommended impact fees over the next five years (2009 to 2013) are estimated as: Water Wastewater $71,500,000 $69,900,000 TOTAL = $141,400,000 The effect of the proposed impact fees on residential and non-residential structures is shown in the attached Exhibit A. In addition, a cost of approximately $400 for the required advertisement will be paid. LEGAL CONSIDERATIONS: The proposed Resolution has been approved for format and legal sufficiency by the Office of the County Attorney. JAB GROWTH MANAGEMENT IMPACT: The purpose of these recommended water and wastewater impact fees is to provide necessary revenues from future customer's of the District's water and wastewater systems, and to partially fund long-term capital improvements required to meet the increased demand for potable water, wastewater, and non-potable irrigation quality water services relative to population growth and growth- related development, as envisioned by the proposed 2008 Water and Wastewater Master Plan Updates. RECOMMENDATION: Adopt a Resolution amending Ordinance No. 2007-57, as amended, and authorize the Chairman of the Board to execute the same. Prepared by: Bala M. Sridhar, Senior Management and Budget Analyst Page 1 of 1 Agenda Item No. 88 June 24, 2008 Page 3 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 8B Meeting Date: This item to be heard at 4:30 p,m. Adopt a resolution amending the Collier County Water- Sewer District Impact Fee Rates established by Ordinance No. 2007-57. (This item to be heard following Item 10G) 6/24/2008 9:00:00 AM Prepared By Bala Sridhar Senior Management/Budget Analyst Date Public Utilities Public Utilities Operations 6/4/20081 :40:05 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 6/12/2008 9:54 AM Approved By Jennifer A. Belpedio Assistant County Attorney Date County Attorney County Attorney Office 6/12/200811:31 AM Approved By James W. Delany Public Utilities Administrator Date Public Utilities Public Utilities Administration 6/12/2008 1 :02 PM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 6/12/2008 2:48 PM Approved By Susan Usher Senior Management/Budget Analyst Date County Manager's Office Office of Management & Budget 6/16/200810:58 AM Approved By James v. Mudd Board of County Commissioners County Manager Date County Manager's Office 6/16/20086:07 PM file://C :\Agenda Test\Export\ I I 0-June%2024, %202008\08 .%20ADVER Tl SED%20PUBLI C __. 6/18/2008 Agenda Item No. 88 June 24, 2008 Page 4 of6 RESOLUTION NO. 2008- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. AMENDING THE IMPACT FEE RATES ESTABLISHED BY ORDINANCE NO. 2007-57. 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 Law and Ordinances (the Code), and incorporating the water and sewer impact fee rates established by the adoption of Ordinance No. 98-69; and WHEREAS, on Decembcr 11, 2001, the Board of County Commissioners ("Board") adopted Resolution No. 2001-488 thercby amending Schedule Two of Appendix A of Chapter 74 of the Code, as amendcd, the same being the Collier County Consolidated Impact Fee Ordinance; increasing the Water and Sewer Impact Fee rates and directed staff to update the Impact Fee after one year; and WHEREAS, in accordance with that direction, the County has retained Public Resources Management Group, Inc. ("the Consultant") to review the existing water and sewer impact fees and to recommend changes to those fees if appropriate; and WHEREAS, on February 12,2002, the Board adopted Resolution No. 2002-88 to correct Scrivener's errors, and to correct the water impact fee downward by $50 pcr Equivalent Residential Unit (ERC), and to amend Schedule Two of Appendix A of Chapter 74 of the Code, as amended, the same being the Collier County Consolidated Impact Fee Ordinance; thereby increasing the Water and Sewer Impact Fee rates; and WHEREAS, on June 6, 2006, the Board adopted Ordinance No. 2006-26 amending Ordinance No. 2001-13 changing the impact fee rate; and WHEREAS, on June 26, 2007, the Board adopted Ordinance No. 2007-57 amending Ordinance No. 2006-26 changing the impact fee rate and to include Annual Mid-Cycle water and sewer impact fee rate indexing; and WHEREAS, the 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, the Consultant has estimated the cost to future utility system users of approximately five-hundred and three million ($503 million) in the next ten (10) years; and WHEREAS, the Consultant has recommended a water impact fee rate decrease from $3,616.49 per ERC to $3,575 per ERC, a decrea.e of $41.49 and a sewer impact fee rate decrease from $3,722.39 per ERC to $3,495 per ERC, a decrease of $277.39 for all customer classes based on their ERC's equivalents; and Agenda Item No. 88 June 24, 2008 Page 5 of 6 WHEREAS, the above recommended rate decrease for water and rate decrease for sewer establish these rates at the maximum levels allowed in accordance with equity tests established and existing pursuant to Florida law; and WHEREAS, staff has thoroughly reviewed the Consultant's findings and recommendations and staff concurs with the recommended decrease to water and the recommended decrease to sewer impact fee rate changes, and staff recommends that the Board adopt this Resolution to implement these recommended changes; and WHEREAS, the Board finds that it is in the health, safety and welfare to accept the recommendations of the Consultant and from staff. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby declares, after advertised public hearing, that the water and sewer impact fee rates set forth in the revised Schedule Two of Appendix A of Ordinance No. 2007-57, as amended, the Collier County Consolidated Impact Fee Ordinance, the same being Schedule Two of Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances, attached hereto, and incorporated be reference herein as Exhibit "A" are fair and reasonable and are to be assessed to those who receive or will receive benefits from increased water facilities capacity, increased sewer public facilities capacity, or from both, which increased capacity is necessitated by increased population and related growth driven development. BE IT FURTHER RESOLVED that these revised water and sewer impact fees will take effect as of8:00 A.M. on Wednesday, October 1, 2008. This Resolution is adopted after motion; second and majority vote favoring adoption this day ,2008. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ,Deputy Clerk TOM HENNING, CHAlRMAN Approval as to form and legal Sufficiency: Jenni A. Belpedio Assistant County Attorn CD"'''' 000_ ,00 ON", Z..q--Q) EN 01 ",,,,'" =::::co.. '" :J ,,-' c: '" Ol -0: ~ . . . 0 ! ] " . ~ ~ ~ . . < . ] , ~ ~ . . . i . ~I " ~. . l ~ , . , c . . l ~ 0 . i c ; , . a -: , ~ " " , .. 0 ~ ~ ~ gg : " ~ " ~ ~ " ~~ ." 0 . ~ ~ . . 0 -" ~ ~ ' , .. . " ;; , " " . ~ 0 0 0 ~ ! . ~ . . , , . 0 0 ~ :~ ~ . ~ w, - ~ f--"- , Iii 0 ~ . : ~ I I ~ i ! I I ~ 0 .. " " ~ ~~ ~ " " ~ ~ ~ f-- - - I :;i~ , " ~~ 0 ~~ ~ 0_ 0 ~::i ~ ,.-;..,- : .. . .- .. ~~ ~ ~ ~~ " ~~ 0 ~ ~ -. . , , ~ . , , ~ ' , .. 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