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Resolution 2011-041 RESOLUTION NO. 2011 _ 41 A RESOLUTION OF 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, AMENDING THE IMPACT FEE RATES ESTABLISHED BY ORDINANCE NO. 2007-57. WHEREAS, on March 13, 2001, the Board of County Commissioners (Board) 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 Law and Ordinances (Code), and incorporating the water and sewer impact fee rates established by the adoption of Ordinance No. 98-69; and WHEREAS, on December 11,2001, the Board adopted Resolution No. 2001-488 thereby amending Schedule Two of Appendix A of Chapter 74 of the Code, as amended, the same being the Collier County Consolidated Impact Fee Ordinance; increasing the Water and Sewer Impact Fee rates and directing staffto update the Impact Fee after one year; and WHEREAS, in accordance with that direction, the County has retained Public Resources Management Group, Inc. (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 per 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, on June 24, 2008, the Board adopted Resolution No. 2008-202 amending Ordinance No. 2007-57 decreasing the water impact fees by $41.49 and wastewater impact fee by $227.39, for a total reduction of$268.88; 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 recommended a water impact fee rate decrease from $3,575 per ERC to $3,205 per ERC, a decrease of $370 and a sewer impact fee rate decrease from $3,495 per ERC to $3,220 per ERC, a decrease of $275 for all customer classes based on their ERC's equivalents; and 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 of the customers 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, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER SEWER DISTRICT, 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 by 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. ATTEST:. ,:",~0D!Jp" . DWIGm' E:'B.ROC~LERK '''~..'- ," ~", "',' ~~. ". .,~. BE IT FURTHER RESOLVED that these revised water and sewer impact fees will take effect as of 12:01 A.M. on Tuesday, March 1,2011. THIS RESOLUTION ADOPTED after motion, second and majority vote on this the ~J. day of ~~~ ,2011. ",\\.",;\11:'"'11", ,,\: .... ..J ' , i l li/ .~' <.' \..... , '. I, _ ".,.. BOARD OF COUNTY 3::,dM~~SIQN~~S:\. OF COLLIER COUN!~, fWR'IDA, AS ~ THE GOVERNING 13pDY i~COLLIEij. ?: COUNTY AND AS ~'..dRmCIQTti$ g .,.. ,. "'-". '. '-. " GOVERNING BOARD 'fJl, THE COLLIE"R~~ .'. J.. _' I' ..... COUNTY WATER SEwEl4.;~ISjt.R;I,C} , . >", II (I _ ~ , \' \' ~ 111/1111111\\ W~ By: . FRED W. COYLE, CHAI IAN , Deputy Clerk By: Atuft:.. .. eM- .~fbrril. and legal suffitieb~y: ~'b-~~ J enni B. White Assistant County Attorney 2 < :s :a .. "" " '3 ] r>J ~ 00 NN l- NN 0 ~ ~ ~ riri ~ .,.." '" .... 0 0 x," ., 0 0 i i w.2 i~ N N <0 '" N N I N N q N N :J~ M M ~ .... N M a ~ ;;!E '" '" .. 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