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Ordinance 2008-31 ORDINANCE NO. 2008- ;n RDINANCE OF THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2001-13, AS AMENDED, KNOWN AS THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE; PROVIDING FOR A TECHNICAL CORRECTION TO THE USE OF FUNDS PROVISIONS BY DELETING AN OBSOLETE REFERENCE TO THE CAPITAL IMPROVEMENT ELEMENT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County has used impact fees as a funding source for growth-related capital improvements for various facilities since 1978; 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 superseding 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 WHEREAS, the Annual Update and Inventory Report (AUIR) identifies the capital facilities needs for public facilities over a five-year time period for both Category "A" and Category "B" Facilities; and WHEREAS, the AUIR is adopted annually by the Board of County Commissioners; and WHEREAS, the AUIR forms the basis for the annual update of the Capital Improvement Element (CIE) for the Category "A" facilities; and WHEREAS, it has been identified by the County Attorney and staff that, based on the above, an obsolete provision exists within the Collier County Consolidated Impact Fee Ordinance regarding the use of funds for those projects contained in the County's five-year CIE; and WHEREAS, the Impact Fee Ordinance provides that "revenue derived from the impact fee shall be utilized only for capital improvements and additions to the public facilities which are reasonably determined to be caused by the impacts of new development" which provides the fee payers certainty in the use ofthe impact fee funds; and WHEREAS, the County Attorney and the County's Impact Fee Consultant recommend that the Board of County Commissioners amend the Impact Fee Ordinance to remove the provisions for internal ordinance consistency. ."'."i I-r, r- J> , '= NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF rotJNff COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: " ~, SECTION ONE. Article II, Impact Fees, Section 74-203, Use of funds, subsection (e):of tjie Collier County Code of Laws and Ordinances is hereby amended to read as follows: Section 74-203. Use of funds. Underlined text is added; Swel, 1RrBYgk text is deleted *** (c) Impact fee trust funds shall not be used for any expenditure that would be classified as a maintenance or repair expensc, Her shall they ee Ilsed eft iffij'lFs'/effiflflt prej Bets FIl'lt inelllded ia the ee1:lftty's f.i:/e year em. *** 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 of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered 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 become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 2."fl4ol day of June ,2008. ATTEST'" . f 11'<'0 Dw.ight E. Brock, Clerk .- ...., _. ::.i ,.... . . ( " By:'" Attest " tolJ~~ s1onat"" onl- BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By Jr'J'-- . Approved as to form and e 1 ency: Page 2 of2 This ordinance filed with th" ~..!:ytory of State's Office H,' 12Q:' day af 0"".h-_, ,~.B and acknowledgement of thot fili~hiS .::1""" day of I, ~" . By _u~ ./ Underlined text is added; &wuelt thFeygR text is deleted 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 2008-31 Which was adopted by the Board of County Commissioners on the 24th day of June, 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of June, 2008. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to BQailf'dlqQf .. " / County Commissi<'>ners ", ~/7 _jl/l~." /,rl/:'~',,/ ','~ II !!i{ftl:t vr.cQ"" " ~ k . By: Martha V&.!i'~r. ',' ; .,,:' Deputy Cler'k: ",' ,