ORDINANCE NO. 17-14

AN ORDINANCE OF LEE COUNTY, FLORIDA CREATING THE ENVIRONMENTAL ENHANCEMENT AND PRESERVATION COMMUNITIES OVERLAY SEWER AND WATER REBATEABLE AREA AND ESTABLISHING THE COSTS OF CONSTRUCTION, REPRESENTED BY EQUIVALENT RESIDENTIAL UNITS, REQUIRED TO BE PAID BY PROPERTY OWNERS FOR FUTURE DEVELOPMENT OF PROPERTY WITHIN THE REBATEABLE AREA; PERTAINING TO MODIFICATIONS THAT MAY ARISE FROM CONSIDERATION AT PUBLIC HEARING; PROVIDING FOR ENFORCEMENT, PENAL TIES, SEVERABILITY AND AN EFFECTIVE DATE.

WHEREAS, the Board of County Commissioners (the "Board") is the governing body in and for Lee County, a political subdivision and Charter County of the State of Florida ("County"); and

WHEREAS, the Board is authorized pursuant to Chapter 125, Florida Statutes, to enact Ordinances necessary in the exercise of its powers; and

WHEREAS, Lee County is desirous of improving the County's water and sewer systems as described in Exhibit "A" known as the Corkscrew Road Water Main Upsizing and Pinewoods Water Treatment Plant Master Pump Station Upsizing Project (the "Project") which is attached hereto and made a part hereof; and

WHEREAS, the Not-to-Exceed costs of construction for the Project are set forth in Exhibit "B" which is attached hereto and made a part hereof; and

WHEREAS, the Water Main and Master Pump Station are being upsized to serve the development needs of the areas identified in Exhibits "C" and "D" (the "Rebateable Area") which are attached hereto and made a part hereof; and

WHEREAS, the improvement of the County's utility system to accommodate the future development of property within the Rebateable Area will provide a direct benefit to all property located within the Rebateable Area; and

WHEREAS, the County will pay all upsizing costs associated with the Project up front, including but not limited to engineering, construction, legal, permitting, inspection, and administration; and

WHEREAS, the Rebateable Area is hereby established to provide a funding mechanism for those directly benefiting from the Project to repay the County the costs for construction of the Project, including but not limited to all costs associated with engineering, construction, legal, permitting, inspection, and administration of the Project; and

WHEREAS, pursuant to the home rule authority granted to the Board as a Charter County under the Florida Constitution, the Board finds that creating the Rebateable Area serves a public purpose, is in the public's interest, and is to the public's benefit.

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NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Lee County, Florida, that in consideration of the foregoing, the Board adopts an Ordinance to provide for the following:

SECTION I PURPOSE

The purpose of this Ordinance is to create a mechanism for repayment of the County's costs for construction of the Project by those property owners that directly benefit from the line improvements referenced herein.

SECTION II CREATION OF THE ENVIRONMENTAL ENHANCEMENT AND PRESERVATION COMMUNITIES OVERLAY SEWER AND WATER REBATEABLE AREA

The Environmental Enhancement and Preservation Communities Overlay Sewer and Water Rebateable Area is hereby created and more fully depicted within Exhibits "C" and "D," or as amended by Lee Plan Goal 33.3.4.

SECTION Ill SCOPE AND COSTS OF CONSTRUCTION

The Project will be constructed in accordance with Exhibit "A." The Not-To-Exceed costs for construction of the Project are provided for under "Exhibit B."

SECTION IV PAYMENT OF EQUIVALENT RESIDENTIAL UNIT

1. Owners of property within the Rebateable Area must pay their proportionate share of the costs for the Project as represented by an Equivalent Residential Unit ("ERU") for the property owner's development of its Property. Each ERU established herein will be determined in accordance with the formula set forth in attached Exhibit "B."

2. Any ERU participating in the Alica Road Force Main Extension Rebateable Agreement established under Lee County Ordinance 16-12 that wishes to connect to the improvements defined in Exhibit "A" of this Ordinance, is not relieved from its obligations under the Alica Road Force Main Extension Rebateable Agreement, but must also comply with Exhibit "B" of this Ordinance.

3. Each ERU must be paid at the time the property owner or the property owner's agent requests permission to construct from Lee County Utilities.

4. If the final cost of construction and final ERU cost amount is not determined before the property owner or the property owner's agent requests permission to construct from Lee County Utilities, the ERU collected shall be based upon the ERU provided in Exhibit "B."

5. Once the final costs of construction are known, the final ERU cost will be incorporated into the County's External Fees Manual. Adjustments to the final ERU cost resulting from subsequent amendments to the Project may be accomplished through amendment to the County's External Fees Manual, without amendment to the Ordinance. Notice of adjustments in the final ERU cost will be provided to property owners within the Rebateable Area by first class mail at the mailing address listed with the Lee County Tax Collector.

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a. If the final cost per ERU is less than that established in Exhibit "B," an original ERU fee payor may request a refund of any overpayment amount or apply the overpayment amount to offset the future ERU costs within the Rebateable Area. Refunds will only be provided to the person or entity that paid the original ERU.

b. If a request for a refund is not received within ninety (90) days of notice of final costs, any outstanding funds due to the property owner will be credited toward future ERUs incurred for the subject property.

6. The total ERU costs collected may not exceed the final costs for the Project.

7. Connection fees will be calculated, charged, and collected based on the criteria set forth in the current version of the LCU Design Manual and the Customer Service Operations Manual and will be in addition to any ERU costs paid by the Property Owner under this Ordinance.

8. Connection to the Project may not occur until the property owner pays the required ERU payment.

SECTION V OBJECTIONS

Objections to this Ordinance on the grounds that it contains any default or defect in the passage or character of the Ordinance, the plans or specifications, or estimate; that the Ordinance is void or voidable in whole or in part; that the property identified within the Rebateable Area is not directly benefited by the Project; or that the Ordinance exceeds the power of the Board, shall be made in writing, in person or by attorney, and filed with the Board at or before the time or adjourned time of the Public hearing adopting the Ordinance. Any objections not so made shall be considered as waived, and if an objection shall be made and overruled or shall not be sustained, the adoption of the Ordinance shall be the final adjudication of the issues presented unless proper steps shall be taken in a court of competent jurisdiction to secure relief within 10 days from the date of the public hearing.

SECTION VI EXEMPTIONS

Property Owners, such as The Place at Corkscrew, LLC., that entered into, and remain in compliance with, a Water Main Upsizing or Master Pump Station Upsizing Cost-Sharing Construction Agreement with Lee County for payment of its proportionate share of the construction costs of the Project, prior to the effective date of this Ordinance, as well as their successors in interest to such property subject to said Water Main Upsizing or Master Pump Station Upsizing Cost-Sharing Agreement, are exempt from the effect and application of this Ordinance as Jong as their original density remains unchanged.

SECTION VII GUARANTEE OF CAPACITY

Adoption of this Ordinance does not serve as a guarantee of capacity or reservation of capacity to accommodate the anticipated development for property within the Rebateable Area.

SECTION VIII TERMINATION OF PROJECT

Unless otherwise agreed to in writing, nothing within this Ordinance may be construed to require the County to construct the Project. The Project may be terminated and this Ordinance may be repealed at any time.

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SECTION IX MODIFICATION

It is the intent of the Board of County Commissioners that the provisions of this Ordinance may be modified as a result of consideration that may arise during Public Hearing(s). Such modifications shall be incorporated into the final version.

SECTION X ENFORCEMENT

It shall be unlawful for any person to violate the provisions of this Ordinance. This Ordinance may be enforced by Lee County through such remedies in law and equity as may be necessary to ensure compliance with the provisions of these regulations, including without limitation, issuance of a civil citation, processing a code enforcement violation in accordance with Chapter 162, Fla. Stat., petition for injunctive relief to enjoin and restrain any person from violating these regulations, or imposition of a lien representing the amount of unpaid ERUs. Failure to comply with the requirements of this Ordinance shall be subject to a civil citation, daily fines, injunctive relief, monetary damages, and revocation of development order or development permit approvals.

SECTION XI CONFLICT

Whenever the requirements or provisions of this Ordinance are in conflict with the provisions of any other lawfully adopted Lee County Ordinance or Florida Statute, the more restrictive requirements will apply.

SECTION XII SEVERABILITY

The provisions of this Ordinance are severable and it is the intention to confer upon the whole or any part, the powers herein provided for. If any provision, paragraph, word, section or article of this Ordinance is invalidated by a court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and ordinances shall not be affected and shall continue in full force and effect.

SECTION XIII CODIFICATION, INCLUSION IN CODE. AND SCRIVENER'S ERRORS

It is the intention of the Board of County Commissioners that the provisions of this Ordinance will become and be made a part of the Lee County Code; and that sections of this Ordinance may be renumbered or re-lettered and that the word "Ordinance" may be changed to "Section" "Article" or such other appropriate word or phrase in order to accomplish such intention; and regardless of whether such inclusion in the Code is accomplished, sections of this Ordinance may be renumbered or re-lettered and the correction of typographical errors which do not affect the intent may be authorized by the County Manager, or the County Manager's designee, without need of public hearing, by filing a corrected or re-codified copy of same with the Clerk of Circuit Court.

SECTION XIV EFFECTIVE DATE

This Ordinance will take effect upon its filing with the Office of the Secretary of the Florida Department of State.

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The foregoing Ordinance was offered by Commissioner Kiker, who moved its adoption. The motion was seconded by Commissioner Pendergrass and, being put to a vote, the vote was called and carried:

JOHN MANNING CECIL L PENDERGRASS LARRY KIKER BRIAN HAMMAN FRANK MANN

Aye Aye Aye Aye Aye

DULY PASSED AND ADOPTED on this 3rd day of October, 2017.

ATIEST: LINDA DOGGETI CLERK OF COURTS

BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA

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!Exhibit A] ALICO RD

[EEPC-Reba!;able Area O~di;a~e]

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CORKSCREW RD

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Corkscre,.,, Water Main Upsizing Approximately 12,000 LF of 16" PVC water main along the north side of Corkscrew Road east from the intersection with Alice Road was upsizeci: from 12" in order to provide additional potable water service to th~ Corkscrew Overlay Area east of AlicoRoad.

·-Properties-along Corkscrew Road east of Alico will benefit from the upsizing of the water main. The upsizing cost was $391,359.10 and was paid for by LCU.

Pinewoods Master Pump Station Upsizing

Upsize certain components within the Pinewoods Master Pump Station to minimize future improvements stemming from future development. Properties within the EEPC Overlay boundaries will benefit from the upsized components. The upsizing cost is not-to­exceed $1, 160,389.85 and was paid for by LCU.

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Exhibit B - EEPC Rebateable Area Ordinance

Corkscrew Water Main Upsizing Pinewoods Master Pump Station Upsizing IFiITTl!ConstructlOn Cost I $39l.,3s9J.O] INTE Construction Cost --- I - $1,160,389.851

ERU Estimates

Parcel Grou11ing ERU Parcel Grou11ing ERU

Tier 2 Acreage 320 Tier 2 Acreage 320

Existing Acreage Subd. 70 Existing Acreage 173

Pepperland Ranch 700 Pepperland Ranch 700

Tier 1 Acreage* 640 Tier 1 Acreage* 640

Total 1,730 Wild Blue** 700

Potential Future Large Lot

Developments 370

Total 2,903

lcoStller ERLI***- I $226.221 [cost per ERU*** I $ 399.72 I

*Please note that the Tier 1 Acreage is included in the proposed Verdana development.

**Wild Blue has requested to send flows for 700 ERU of their approved 1000 to the EEPC Rebateable Area.

***Cost per ERU is rounded to nearest cent.

Exhibit C EEPC Rebateable Area Ordinance

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Legend

~ Water Main Rebateable Area

Corkscrew Water Main --· Upsizing

Exhibit D EEPC Rebateable Area Ordinance

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Legend

~ Pinewoods Master Pump Station L.X._ll Rebateable Area

• Pinewoods Master Pump Station Upsizing

FLORIDA DEPARTMENT oI STATE

RICK SCOTT Governor

October 5, 2017

Honorable Linda Doggett Clerk of the Circuit Courts Lee County Post Office Box 2469 Fort Myers, Florida 33902-2469

Attention: Ms. Theresa King

Dear Ms. Doggett:

KEN DETZNER Secretary of State

Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Ordinance No. 17-14, which was filed in this office on October 5, 2017.

Sincerely,

Ernest L. Reddick Program Administrator

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i-:ECEIVl:..lJ MINUTES OFFICE

20170CT~§ ~M11=51

R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270

www.dos.state.fl.us