Loading...
Ordinance 87-045ORDINANCE NO. 87-45 AN ORDINANCE AMENDING ORDINANCE NO. 86-66 ,~ ~'- RELATING TO WATER AND SEWER SYSTEM DEVELOPMENT ~ CHARGES; AMENDING SECTION ONE RELATING TO :~ '' APPLICATION OF ORDINANCE ~D SYSTEM DEVELOPMENT CHARGES; AMENDING SECTION THREE D, RELATING:TO WATER AND SEWER SYSTEM DEVELOPMENT CHARGES ~;D APPLICATIONS FOR REFUND OF SAME; PROVIDING ~OR CONFLICT AND SEVERABILITY AND PROVIDING FO~iAN EFFECTIVE DATE. ~i '~ BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT: Section One: Section One of Ordinance No. 86-66 is hereby amended to read as follows: SECTION ONE: Application of Ordinance and System Development Charges. This Ordinance and the water and sewer system development charges provided for herein shall apply to all persons w~th~n-the ~oun~a~es-o~-~he-~e~-e~n~y-Wa~e~-Sewe~-B~s~?-as-~h~se B~u~ar~es-a~e-~ese~Be~-~n-ehap~e~-~8-489?-Baws-~f-F~e~a, i__n the unincorporated area of the County, except the Marco Water and Sewer District and the Goodland Water District, under e~her any of the following conditions, whichever occurs first: A. Whenever such person connects a an existing structure to a water system and/or a sewer system owned or operated by the County; or B. Whenever such person applies for a building permit and structure previously connected to a water system and/or sewer system owned or operated by the County, where such alteration increases the potential demand on the County's system(s); or B= C. Whenever such person applies for a building permit and prior to issuance of a building permit to a~e=-~ construct a structure which will be connected to a water system and/or sewer system owned or operated by the County under Phases 1, 2 or 3 of the County's Master Water and Sewer Plans, even though such [Words underlined are added; words s~=uek-~h=o~h are deleted.] - I - person may receive interim water and/or interim sewer service from a source other than the County. Copies of the service area maps from the County's Master Water and Sewer Plans are attached hereto and incorporated by reference herein as follows: Exhibit 1 - South Service Area Sewer Master Plan. Exhibit 2 - County Water Master Plan. SECTION TWO: Ordinance 86-66, Section Three D, relating to Water and Sewer System Development Charges and Applications for Refund of same is hereby amended to read as follows: D. Any person who has, prior to the effective date of this Ordinance, paid a water and/or sewer system development charge and has been issued a certificate of occupancy for a structure or alteration for which the system development charge was paid shall be eligible for a refund of the charge if the County does not have an approved plan for connection of the structure or alteration to a water and/or sewer system owned or operated by the County by December 31, 1997. A~y-s~eh-pe~s~-e~e-f~-a ~ef~-sha~-make-w~e~-a~a~-~-~he-B~a~-~-e~y effeet~ve-~ate-of-eh~s-o~a~e-o~-s~h-De~so~-sha~-Be-~eeme~ ~e-have-wa~ve~-a~-e½a~m-f~-a-~ef~n~-aa~-the-~o~n~-sha~-Be ene~e~e~-~-~e~a&m-an~-app~y-ehe-sMs~em-~eve~pmem~-eha~§e-f~r eap&~a&-wa~er-am~-sewer-&mp~evemem~sv The County shall notify any such person of his eligibility for a refund hy mailing notice to such person. Such notice shall he sent by certified or registered mail with return ~eceipt requested. Any person eligible for a refund shall file written application with the County for a refund within 90 days of the date of mailing of the notice hy the County or such person shall he deemed to have waived any right to a refund, and the County shall he entitled to retain and apply the system development charge for capital water and sewer improvements. Neither delay in receipt nor failure to receive the mailed notice of eligibility for a refund shall toll the 90-day time limit within which an application for refund must be filed. [Words underlined are added; words se~e~-~hre~h ~re deleted.] SECTION THREE: 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 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 FOUR: Effective Date This ordinance shall become effective upon receipt of notice from the Secretary of State that this ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this.~"~'Z~day of ///-~-~----~ , 1987. BOARD OF COUNTY COMMISSIONERS' COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT · HASSE, JR., Approved as to form and legal sufficiency: R. Bruce Anderso~~' Assistant County Attorney This ordir~e filed wIfh the on~d~t~ry of ,~lte's OHico th~ fili/f::~ received f~;'~.a~_.__ ~ Words underlined are added; words s~k-~h~ou~h are deleted· -- 3 STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, 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. 87-45 which was adopted by the Board of County Commissioners on the 2nd day of June, 1987, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, .Florida, this 2nd day of June, 1987. JAMES C. GILES Clerk of Courts and Clerk Ex-officio to the Board CommJ ssioners x~'~\. ~f. ~ .uJ~v.?f~' i: County Depu~ CZerk ~ "..'