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Ordinance 82-034 ~,,.,~ .., ORDINANCE NO. 82-.34 AN. EMERGENCY OHDINANCE AMENDING AND SUPRRCEDING ORDINANCE 00-94; ESTABLISHING SYSTEM DEVELOPMENT CIIARGES FOR CONNECTIONS 'FO WATER SYSTEMS OWNED OR OPElb%TED BY COLLIER COUNTY, FLORIDA OR ITS AGENCIES; PROVIDING FOR ANNUAL REVIEW; PROVIDING EXEMPTIONS~ PROVIDING FOR CONFLICT AND SEVERANCE; DECLARING AN EMERGENCY TO EXIST AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the Board of County Commiss~oners of Collier County, Florida= SECTION ONE: Ordinance 80-94 is hereby amended and superceded in its entirety by this Ordinance. SECTION ~{O: A. There shall be paid a system development charge to defray the cost of production, distribution, transmission and treatment facilities for water provided by the public water systems owned or operated by Collier County, Florida or its agencies as follows: Minimum Equivalent Meter Units Per Size Meter Size 5/8" 3/4" 1 1" 2.5 1-1/4" 4 1-1/2" 5 '2" 10 3" 20 4" 30 6" 100 8" 175 10" 275 12" 475 System Development Charge 7oO.oo 700.00 1,750.00 2,800 On 3,500 00 7,000 00 14,000 00 21,000 00 70,000 00 122,500 00 192,500 00 332,500 00 B. The rates as set forth in the above table of charges shall apply by minimum equivalent units for single family residences and multi-family residences. Additional equivalent units above those specified will be charged at the rate of seven . hundred dollars ($700.00) per unit. C. The rates as :et forth in the above table shall apply to all business and institutional users. b. The charges set forth herein shall be pay'able upon issuance of the building permit for said unit or units in the I. .All monies collected pursuant to this Ordinance for connections to systems owned or operated by tho County Water-Sewer District shall be paid over to said district. SECTION THREE~ The County Commission shall review the system development charge annually to determine that said charge is equitable and proportionate to the current estimate of colt for providing new connections to the system for new users. SECTION FOUR: Backup systems mandated by state regulations and installed to provide emergency water supplies for hospitals and nursing homes shall be exempt from the charges set forth herein,, if it can be shown that the installation of said emergency facility will not increase the demand on the County's water system. SECTION FIVE: Ordinance No. 78-11, Resolution No. CWS-80-7, Resolution No. CWS-79-8 are hereby repealed. SECTION SiX: Conflict and Sev~rabilit¥ If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, 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 remainder hereof. In the event this Ordinance conflicts with any other appropriate law, the moro restrictive shall apply. If any part of this Ordinance conflicts with any other part, it shall be severed and the remainder shall have full force and effect and shall be liberally construed to effect the purpose hereof. SECTION SEVEN: Declaration of Emergency and Effective Date. This Board does hereby declare that an emergency exists and that immediate enactment of this Ordinance is necessary, and by no less than four-fifths (4/Sths) vote of 'the membership of the Board does hereby waive notice of intent to considQr this Ordinance. [Z ~? o,~1 ; '" ,oo 015 55 case of new construction, or in tho case of a preoently existing structure, such charge shall be payable when thc permit for water connection is issued. E. Those family residences which were in existence and can be verified from the Property Appraiser's 1977 tax r6cords, may elect~to enter iinto an agreement with the County for payment of ~'.- thss ;tem ;Ceiopment charge, as follows, ;] The charge shall bo payable in equal monthly payments ~ " over a three (3) year period, with annual interest at - · the rate of seven (7) percent on the annual unpaid balance. Said payments shall be added to and become a · part of the monthly water bill and shall be ~ subject to the same provisions for payment and collection thereof. F. The system development charge for property fronting on public cul-de-sacs consisting of an area not exceeding one thousand (1,000) square feet shall be one hundred sixty-three dollars ($163.00). G. A separate accounting shall be kept by the County's Finance Department for all monies collected under the system development charge set forth herein. Said monies shall be used solely for capital improvements for raw water supply facilities, transmission mains, ground storage facilities, new pumping facilities and new treatment facilities required to provide service to new connections to the water system by new users and for the payment of the principal and interest on public obligations issued to finance any such capital improvements. }3. Existing units located within subdivisions in' which actual construction of water system improvements is taking place at the time of the adoption of the increased impact fees will be exempted from the payment of the increased fee, but will be required to pay th~ fee which was required by Ordinance. 78-11. Existing units will be defined as those units for which a building permit to construct has actually been issued prior to the date tho Board adopts the revised fee schedule. Actual construction is defined as notice to proceed issued by the Board of County Commissioners to the general contractor who is under contract to the County to construct water system improvements. A certified copy of this Ordinance, aa enacted, shall be filed by the Clerk of the Doard with the Department of State of the State of Florida, as soon after enactment as is practicable by depositing the ss~e with the postal authorities of the govern- ment of the United States for special delivery by certified mail, postage prepaid, to the Florida Department of Stat~. This Ordinance shall become effective upbn becoming law. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ..20th day of April, 1982. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman Approved as to form and sufficiency: onald A. Pi~kworth - Collier County Attorney STATE OF FLORIDA ) COUNTY OF COLLIER ) I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Ju'dicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE NO. 82-34 which was adopted by the Board of County Commissioners of Collier County, Florida, via emergency procedure, on the 20th day of April, 1982. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 21st day of April, 1982. WILLIAM J. REAGAN Clerk of Courts and Clerk "_."~_",.. Ex officio to Board of .,,., ' ;", County CoJnmi s s loners _ *-3 .z< . .y ~-~-~_.~ Virgi~.'~ Magri, Depu~.¢lerk ' ' ' ' This ordinance filed with the' Secretary o~.State's;;..-~".."/'. 9_*'. '".' ."~. Office the 28th day of April, 19~2 and' ~%wledged~_n~.;'..~ ~:.';.~,."..~. of that filiDg-received this 3rd day of 015 57