Sec. 134-311. - Title and citation.

This article shall be known and may be cited as the "Collier County Stormwater Utility Ordinance."

(Ord. No. 91-27, § 4)

Sec. 134-312. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Area of operation means that area designated in any resolution of the board of county commissioners as the area within which the system shall be operated and in which a utility fee is imposed.

Assessment means a per acreage fee authorized by the terms of F.S. § 403.0893(3), as amended, and this article, to be assessed for funding such costs of operation and maintenance, debt service and extension and replacement attributable to a benefit area that the board may determine by resolution of the board of county commissioners as provided herein.

Benefit area means any portion or portions of an area within or without an area of operation, designated by resolution of the board of county commissioners as provided herein as a benefit area for purposes of determining utility fees and/or assessments to be payable in such area.

Bonds means revenue bonds, assessment bonds, notes, loans or any other debt obligations issued or incurred to finance the costs of construction.

Costs of construction means costs reasonably incurred in connection with providing capital improvements to the system or any portion thereof, including but not limited to the costs of:

(1)

Acquisition of all property, real or personal, and all interests in connection therewith including all rights-of-way and easements therefor;

(2)

Physical construction, installation and testing, including the costs of labor, services, permitting, materials, supplies and utility services used in connection therewith;

(3)

Architectural, engineering, legal and other professional services;

(4)

Insurance premiums taken out and maintained during construction, to the extent not paid for by a contractor for construction and installation;

(5)

Any taxes or other charges which become due during construction;

(6)

Expenses incurred by the county or on its behalf with its approval in seeking to enforce any remedy against any contractor or sub-contractor in respect of any default under a contract relating to construction;

(7)

Principal of and interest on any bonds; and

(8)

Miscellaneous expenses incidental thereto.

Debt service means, with respect to any particular fiscal year and any particular series of bonds, loans or notes, an amount equal to the sum of:

(1)

All interest payable on such bonds, loans or notes during such fiscal year; plus

(2)

Any principal installments of such bonds during such fiscal year.

Director means the director of the stormwater utility as designated by the board of county commissioners.

Extension and replacement means costs of extensions, additions and capital improvement to, or the renewal and replacement of capital assets of, or purchasing and installing new equipment for the system, or land acquisition for the system and any related costs thereto, or paying extraordinary maintenance and repair, including the costs of construction, or any other expenses which are not costs of operation and maintenance or debt service.

Fee-in-lieu-of means a charge to a developer or individual resident to recover:

(1)

The costs of construction and debt service on a new stormwater management system which serves such developer or individual resident; or

(2)

The extension and replacement costs necessitated by development undertaken by such developer or individual resident.

Fiscal year means a 12-month period commencing on October 1 of any year, or such other 12-month period adopted as the fiscal year of the utility.

Operating budget means the annual utility operating budget adopted by the county for the succeeding fiscal year.

Operations and maintenance means the current expenses, paid or accrued, of operation, maintenance and current repair of the system, as calculated in accordance with sound accounting practice, and includes, without limiting the generality of the foregoing, insurance premiums, administrative expenses, labor, executive compensation, the cost of materials, equipment and supplies used for current operations, and charges for the accumulation of appropriate reserves for current expenses not annually incurred, but which are such as may reasonably be expected to be incurred in accordance with sound accounting practice.

Revenues means all rates, fees, assessments, taxes, rentals or other charges or other income received by the utility, in connection with the management and operation of the system, including amounts received from the investment or deposit of moneys in any fund or account and any amounts contributed by the county, all as calculated in accordance with sound accounting practice.

Stormwater management system or system means the existing stormwater management of the county and all improvements thereto which by this article are constituted as the property and responsibility of the utility, to be operated as an enterprise fund to, among other things, conserve water, control discharges necessitated by rainfall events, incorporate methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, over-drainage, environmental degradation and water pollution or otherwise affect the quality and quantity of discharge from such system.

Stormwater utility or utility means the enterprise fund utility created by this article to operate, maintain and improve the system.

Stormwater utility fee means a utility fee authorized by state law and this article which is established to pay operations and maintenance, extension and replacement and debt service.

(Ord. No. 91-27, § 6)

Cross reference— Definitions generally, § 1-2.

Sec. 134-313. - Authority.

The board of county commissioners is authorized by the constitution and laws of the state, including F.S. ch. 125 and F.S. § 403.0893, to construct, reconstruct, improve, and extend stormwater management systems, or create stormwater utilities and to issue bonds and other obligations to finance in whole or part the cost of such systems and to establish just and equitable rates, fees, and charges for the services and facilities provided by such systems.

(Ord. No. 91-27, § 1)

Sec. 134-314. - Applicability.

This article shall apply to and be enforced in all the unincorporated area of the county.

(Ord. No. 91-27, § 5)

Sec. 134-315. - Governing board, powers and duties.

The board of county commissioners is ex-officio the governing board of the stormwater utility established hereby with the power and duty to conduct the affairs of the utility as prescribed by state law.

(Ord. No. 91-27, § 2)

Sec. 134-316. - Findings, purpose and declaration of benefit.

(a)

The board of county commissioners does hereby make the following findings:

(1)

The professional engineering and management analysis submitted to and adopted by the board of county commissioners on August 27, 1990 properly defines the stormwater management needs of the county.

(2)

The stormwater management needs of the county differ from area to area and that stormwater management service areas are definable on the basis of such differences in service needs and contribution to the overall problem.

(3)

The ability of the county to effectively conserve, manage, protect, control, use, and enhance the water resources of the county is dependent on the provision of adequate, equitable and stable funding for the stormwater management program.

(4)

The stormwater management system, including the components which provide for the collection of and disposal of stormwater and regulation of groundwater, is of benefit and provides services for the welfare of the county and its residents, including property not presently served by the physical elements thereof.

(5)

The formation of a stormwater utility, the establishment of a separate enterprise fund for accounting of the revenues, expenditures, assets, and earnings of the utility, and adoption of various rates, fees, charges, rentals, fines, and penalties are necessary to meet the needs identified in the professional engineering and management analysis.

(b)

It is the intent of the county that in addition to other available monies, stormwater utility fees and assessments shall fund the costs of operation and maintenance, extension and replacement and debt service of the stormwater management system.

(c)

It is therefore the purpose of this article to provide for the health, safety and welfare of the citizens of the county by providing for the conservation, management, protection, control, use and enhancement, maintenance and improvement of the stormwater systems in the unincorporated areas of the county.

(d)

It is hereby declared and determined by the board of county commissioners that the stormwater management services provided pursuant to this article and the establishment of a stormwater utility constitute a benefit to the properties within the area of operation equal to or in excess of the costs of providing such stormwater management services.

(Ord. No. 91-27, § 3)

Sec. 134-317. - Establishment of utility.

The board of county commissioners hereby establishes a stormwater utility, which shall be responsible for the conservation, management, protection, control, use, and enhancement of water resources in the county and the management, operation, maintenance, and improvement of the public stormwater systems, and which utility shall operate as a section of the water management department within the environmental services division of the county.

(Ord. No. 91-27, § 7)

Sec. 134-318. - Establishment of enterprise fund.

The board of county commissioners hereby establishes a stormwater utility enterprise fund for the accounting of all revenues, expenditures, assets, and earnings of the utility, in which all revenues from the stormwater utility shall be deposited. Monies in said fund shall, in priority of order, pay the costs of operations and maintenance, debt service, and extension and replacement.

(Ord. No. 91-27, § 8)

Sec. 134-319. - Issuance of bonds.

The stormwater utility may issue bonds for the purposes described herein pursuant to a resolution of the board authorizing the issuance thereof. Except as herein otherwise expressly provided or in any resolution of the board authorizing the issuance of bonds, all bonds shall be payable solely out of the revenue and receipts derived from the system or of any portion thereof; provided, that notes issued in anticipation of the issuance of bonds may be retired out of the proceeds of such bonds.

(Ord. No. 91-27, § 9)

Sec. 134-320. - Development, implementation, and application of funding.

The board of county commissioners shall provide for the development, implementation, and application of various funding methods including but not limited to the service charges, special assessments, nonad valorem assessments, fees for services or in lieu of regulatory requirements, fines, penalties, impact fees, and such other funding methods as the county may be authorized to use as it determines by subsequent resolution.

(Ord. No. 91-27, § 10)

Sec. 134-321. - Operating budget.

The board of county commissioners shall adopt an operating budget not later than the first day of each fiscal year. The operating budget shall set forth for such fiscal year the estimated revenues and the estimated costs for operations and maintenance, extension and replacement and debt service.

(Ord. No. 91-27, § 11)

Sec. 134-322. - Required levels of rates for fees and assessments.

The board of county commissioners shall require that adequate revenues are generated to provide for a balanced operating budget by setting sufficient levels of stormwater utility fees and assessments.

(Ord. No. 91-27, § 12)

Sec. 134-323. - Imposition of fees.

The board of county commissioners hereby authorizes the imposition of stormwater utility fees on all property within the area of operation which shall be established or modified by board resolution as provided herein. Additional utility fees may be established by board resolution as provided herein.

(Ord. No. 91-27, § 13)

Sec. 134-324. - Establishing area of operation, benefit areas.

(a)

Area of operation. The board of county commissioners shall describe and establish the initial area of operation and shall make such modifications as it determines by subsequent resolution as provided herein.

(b)

Benefit areas. The board of county commissioners may describe and establish benefit areas within or without the area of operation and may establish additional benefit areas and make such modifications as it determines by subsequent resolution as provided herein.

(Ord. No. 91-27, § 14)

Sec. 134-325. - Notice requirements.

A public hearing shall be held prior to adopting resolutions establishing or modifying an area of operation, benefit areas, or setting or modifying stormwater utility fees and assessments. Notice of the public hearing shall be published 15 days prior to the hearing in a newspaper of general circulation in the county.

(Ord. No. 91-27, § 15)

Sec. 134-326. - Assessments and utility fees.

The board of county commissioners may, by resolution, establish a benefit area and impose a per acreage fee on real property located in the benefit area. Benefit areas may be charged an assessment in addition to utility fees.

(1)

Assessments. Assessments shall be established by this article or by board resolution as provided herein, which shall set forth:

a.

The benefit area to which the assessment applies; and

b.

What portion of the assessment will be used for the costs of operations and maintenance, extension and replacement and debt service.

The board of county commissioners in its discretion may determine that assessments should vary by benefit area based on its review of the facts, including benefits received, burdens produced and services rendered.

(2)

Utility fees. Utility fees shall be initially imposed and may be later modified by board of county commissioners resolution as provided herein. Any board resolutions imposing or modifying utility fees shall set forth:

a.

The area of operation or benefit area to which the utility fee applies;

b.

What portion of the utility fee will be used for the costs of operations and maintenance, extension and replacement and debt service; and

c.

The utility fee rate, if applicable.

The board of county commissioners in its discretion may determine that utility fees should vary by benefit area based on its review of the facts including benefits received, burdens produced and services rendered.

(Ord. No. 91-27, § 16)

Sec. 134-327. - Credits against utility fees and assessments.

Property owners may receive credit against utility fees and assessments in amounts approved by the board of county commissioners for past or future expenditures determined by the director to benefit the system. Such determination shall be made in accordance with the guidelines set forth in resolutions establishing an area of operation, benefit area or setting utility fees and assessments.

(Ord. No. 91-27, § 17)

Sec. 134-328. - Billing and payment of utility fees or assessments, penalties; adjustments.

The board of county commissioners shall, by resolution, establish the method of collecting stormwater utility fees and assessments and may provide for any remedies permitted under state law for collection of payments, including liens and penalties and any remedies set forth in the provisions contained in F.S. § 403.0893, as amended.

(Ord. No. 91-27, § 18)

Sec. 134-329. - Adjustment of utility fee and assessments; corrections.

(a)

Owner-initiated adjustments. Requests for adjustment of the utility fee or an assessment shall be submitted to the director, who shall have authority to adjust the utility fee or assessment pursuant to the procedures and standards as established herein. No credit shall be given for the installation of facilities required by county ordinances or applicable laws. The following procedures shall apply to all adjustment requests of the utility fee or an assessment:

(1)

Any owner who believes the utility fee or assessment is incorrect may, subject to the limitations set forth herein, submit an adjustment request to the director.

(2)

The adjustment request shall be in writing and set forth, in detail, the grounds upon which the correction is sought.

(3)

The adjustment request of a utility fee or assessment must be made within 30 days after the date of its first class mailing. The adjustment request will be reviewed by the director within three months from the date of filing of the adjustment request. Consideration by the director of the owner's request for adjustment shall not relieve the owner of the obligation to make timely payment of the utility fee or assessment. In the event an adjustment is granted by the director which decreases the utility fee or an assessment, the owner shall be entitled to credit for the excess utility fee or assessment paid. If the utility fee or assessment is placed on the real property tax bill, the credit shall be so noted on the respective owner's real property tax bill.

(4)

The owner requesting the adjustment may be required, at his own cost, to provide supplemental information to the director including, but not limited to, survey data approved by a professional land surveyor and engineering reports approved by a professional engineer. Failure to provide such information may result in the denial of the adjustment request.

(5)

The granting or denial of an adjustment to a utility fee or an assessment will be furnished to the owner, in writing, by the director. If the utility fee or an assessment is placed on the real property tax bill, the document granting an adjustment to a utility fee or an assessment will also be sent to the tax collector.

(b)

Right of review by board. The owner has the right to appeal the decision of the director to the board of county commissioners. The appeal must be made within 30 days of receipt of such denial. The board shall furnish, in writing, its determination within 60 days of receipt of the request for review. It shall set forth the reasons for the decision based on the criteria contained in this section.

(c)

County-initiated adjustments. If the utility fee or an assessment is placed on the tax bill, any errors in the utility fee or an assessment or failure to charge a utility fee or an assessment may be corrected by the tax collector. If the utility fee or an assessment is not placed on the tax bill, any errors in the utility fee or an assessment or failure to charge a utility fee or assessment may be corrected by the director. Corrections which result in an increase in a utility fee or an assessment cannot be imposed until the owner has consented in writing to the increase or has been given at least ten days notice by certified mail and an opportunity to be heard by the board. Once the adjustment is finalized, the director shall send documentation reflecting the adjustment to the owner and, if the utility fee or assessment is placed on the tax bill, the documentation will also be sent to the tax collector.

(Ord. No. 91-27, § 19)

Sec. 134-330. - Creation of comprehensive stormwater management utility code.

The board of county commissioners may create and adopt a comprehensive stormwater management utility code for the county.

(Ord. No. 91-27, § 20)

Secs. 134-331—134-350. - Reserved.