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Ordinance 96-17 ORDINANCE NO. 96-17 ~0~22~,':- AN ANCE AMENDING COLLIER COUNTY ~ORDINANCE NO. 90-86, AS AMENDED, KNOWN AS THE COLLIER COUNTY REGIONAL WATER SYSTEM <~?'~ t~XMPACT FEE ORDINANCE; BY AMENDING SECTION ~MPACT FEES AND ASSOCIATED COSTS; PROVID- /ING FOR CONFLICT AND SEVERABILITY; ' PROVIDING FOR INCLUSION IN THE CODE OF c""' LAWS AND ORDINANCES AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County on November 27, 1990, enacted Collier County Ordinance No. 90-86, establishing a Collier County Regional Water System Impact Fee Ordinance; and WHEREAS, the Board of County Commissioners of Collier County on June 18, 1991, enacted Collier County Ordinance 91-50, amending certain Sections of Ordinance No. 90-86 including Section 2.02; and, WHEREAS, the Board of County Commissioners finds it to be in the best interest of the public to permit Owners of existing buildings, structures, or applicable improvements mandated to connect to the Regional Water System to enter into agreements to extend payments of Water System Impact Fees and associated costs. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendments to Section 2.02 of Collier County Ordinance No. 90-86, as amended. Section 2.02 of Collier County Ordinance No. 90-86, as amended, is hereby amended to read as follow: Section 2.02 Payment. A. Except as otherwise provided in this Ordinance, prior to the issuance of a Building Permit where applicable, all Applicants or Owners, as the case may be, shall pay the Water System Impact Fee as set forth in Section 2.01. B. Subject to an availability of funds, the County may enter into agreements to extend payment of Water System -1- Impact Fees and associated costs over a period not to exceed seven years with Owners of existing buildings, structures, or applicable improvements which are f~quircd mandated to connect to the Regional Water System. Prior to the County entering into any agreements to extend payment, and from time to time thereafter, the Board shall identify a specific source of funds to be used relative to providing extended payment and the cost of such funds, including all expenses or costs incidental to obtaining or providing same, the interest rate that the Board or the Utilitiee Administratcr PUblic Works Administrator or the , Depar~memt of Revenue Director will employ in offering extended payment with interest and a reasonable estimation or description of the administrative costs or expenses associated with administering the extended payment alternative. 1. The County shall only enter into agreements to extend payment of the Water System Impact Fee to c~a and associated costs with Owner~ of existing buildings, structures or applicable improvementsT arioc from paying, ~^ ^-~-^ v .... ~ ~^^ .~ ~^ timc of ccnnccticn mandated to connect. tO the BegioDal Water System. 2. The amount of payment, including any title verification expenses rcccrding fcc~, and a reasonable estimation of the cost and expense associated with providing an extended payment alternative, shall be paid in equal monthly payments with an annual interest rate as determined and promulgated by the Board. State documep.t stamp and recording fees shall be upfront costs -2- ~uah arp deleted. borne by the owner and shall be paid at the time the extended payment agreement is executed. The interest rate charged shall be representative of the County's cost of funds, including all expenses or costs incidental to obtaining or providing same, if any. The interest charged shall be adjusted during Januarv of anv calendar Vear and shall be based on the CouDty's cost.of funds for the ~mmediatelv Drecedin~ fiscal year. 3. With the exception of the approval and execution of agreements, or an aggregation of related agreements, with a face amount in excess of $6,000.00, the Board hereby delegates to the Utilitics Administratc= public Wor~ ~ini~trator or the Department of Revenue Director the power and authority to enter into and release such extended payment agreements in conformance with the provisions of this Ordinance. The agreement, and any other associated documentation, shall be in a form approved by the Board and acceptable to the County Attorney and the agreement shall be recorded in the Official Records upon approval of the Utilitics Admini~tratea~ Public Works Administrator or the Department of Revenue Director. 4. For an agreement, or an aggregation of related agreements, to extend payment of impact fees and associated costs with a face amount in excess of $6,000. require the procedure and documentation for extending payments to substantially and reasonably conform to generally accepted and reasonably applicable commercial lending practices, including but not limited to the requirement for acceptable personal guarantees from one or all of the Owners '3- are deleted. or individuals owning a beneficial interest in an entity Owner. At its sole option the County may contract with outside counsel or a servicing agent to prepare such documentation and to advise the County relative to conformance with generally accepted commercial lending practices and the costs of same shall be borne by the Owner. ~, Upon satisfactory DaVment of all principal. interest, and associated costs under an eMtended payment aqreement, the County shall execute a sat~sfactioD of Lien and record it ~n the official records Of Collier County. A copy of the recc&rde~ Satisfaction of Lien shall be mailed to the OwDe~ within sixt~l f60] days from receipt of full payment. S-~ 6. In recognition that the payment of the Water System Impact Fee for existing mobile home park or rental housing will in some manner be passed through to the occupants by an Owner, and in recognition that if such pro-rata Impact Fee pass-through is collected as one single payment by the Owner that such a pass-through may cause financial hardship on these occupants, the Board, in its sole discretion, may require the owner to covenant and aqree, for the benefit of all affected occupants, to pass through entirely and on the same terms all the benefits of any extended payment of the Impact Fee to the affected occupants. C. The obligation for payment of the Water System Impact Fee and the benefits derived therefrom shall run with the land. D. In the event that a valid Building Permit for which a Water System Impact Fee has been paid expires -4- prior to the initiation of the construction for which it was issued, the Applicant may within ninety (90) days of the expiration of the Building Permit apply for a refund of the Water System Impact Fee. 1. The application for refund shall be filed with the County Manager, on a form approved by the County Manager, and contain the following: (a) A sworn statement representing that the information contained on the application for refund is true and correct; (b) The name and address of the applicant; (c) The location of the property which ,was the subject of the Building Permit; (d) The date the Water System Impact Fee was paid; (e) A copy of the receipt of payment for the Water System Impact Fee or such other record as would indicate payment of such fee; and (f) The date the Building Permit was issued and the date of expiration. 2. After verifying that the Building Permit has expired and that the construction has not been commenced under the subject Building Permit, the County Manager shall cause a refund of the subject Water System Impact Fee. 3. A Building Permit which is subsequently issued on the same property which was previously the subject of a refund shall then pay the Water System Impact Fee as required by Section 2.01. 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 the '5- are de]eted. 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 portion. SECTION THREE: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered 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 this Ordinance with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this .~ day of ~ , 1996. : 'ATTEST: ".~ BOARD OF COUNTY COMMISSIONERS DWIGHT E~ BROCK, CLERK COLLIER .: ~ TY IDA .'~ / . / ~ C. ~ORRI-q, CHAIRMAN : / ro t~ form and ..App ved .legal sufficiency: /_/..//~/,; This ordlnc'~c {i~e.~ with the Michael W. Pettit and CC~.nc?~.'E.~C.D~'n~ Assistant County Attorney fil~n.G forgive,: ,m% ~.."'~ /10036 '6- Words underlined are added: words st.-~uck th~-euoh are 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 copy of: ORDINANCE NO. 96-17 Which was adopted by the Board of County Commissioners on the 9th day of April, 1996, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 10th day of April, 1996. DWIGHT E. BROCK Clerk of Courts and Ex-officio to Board-' County Commissione~s~ Deputy Clerk