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HomeMy WebLinkAboutOrd. 91-05 . Ordinance No: 91-05 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING ORDINANCE NUMBER 90-03, THE POLICE IMPACT FEE ORDINANCE; FOR AMENDING SECTION 4 OF ORDINANCE NUMBER 90-03 TO PROVIDE ADJUSTMENT OF THE POLICE IMPACT FEE SCHEDULE AND AN ALTERNATIVE IMPACT FEE CALCULATION; AMENDING SECTION 10 OF ORDINANCE NUMBER 90-03 TO PROVIDE A TIME LIMIT FOR EXPENDITURE OR ENCUMBERANCE OF FUNDS; ADOPTING A NEW SECTION 7-1 OF ORDINANCE NUMBER 90-03 TO PROVIDE FOR VESTED RIGHTS DETERMINATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. . WHEREAS, the City Commission of the City of Ocoee has adopted Ordinance Number 90-03 of the Code of Ordinances to establish a police impact fee; and WHEREAS, pursuant to Section 6 of Ordinance 90-03 has conducted its annual review of police impact determined that a fee adjustment is necessary in maintain the level of service within the City. the fees order City and to NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA AS FOLLOWS: SECTION ONE The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION TWO Section 4 of Ordinance Number 90-03 adopted by the City Commission of the City of Ocoee on February 6, 1990 is hereby amended to read as follows: Section ~ Fee Schedule ~ The following Police Impact Fees are hereby assessed by the City and shall be collected by the City prior to issuance of the building permit or any other development permit for the construction of any structure to be used for a residential or non-residential dwelling in each district. Impact Fee per SQuare Foot Residential Non-residential $ -.%-8- $ .....e-&t $ .086 $ .097 . ~ The fees imposed for residential and non-residential construction ~ ~ result of the City's fee calculation study which ~ desi~ned to insure that the impact fees imposed are rationally related to the benefit received Qy the applicant. ~ In the event that an applicant believes the impact of the construction will be less than that set forth above. the applicant ~ at his option. submit evidence to the City Commission in support of an alternative assessment. Based upon convincin~ and competent evidence. the City Commission may adjust the impact fee as appropriate for the particular property. SECTION THREE Section 10 of Ordinance Number 90-03 adopted by the City Commision of the City of Ocoee on February 6,1990 is hereby amended to read as follows: Section 10. Use of Police Impact Fees (A) The funds collected by reason of establishment of the Police Impact fee in accordance with this ordinance shall be used solely for the purpose of acquisition of facilities and equipment determined to be needed to provide police protection for new development within the City. . (B) All funds shall be used exclusively within the area from which they were collected and in a manner consistent with the principles set forth in Florida Statutes and case law and the United States and the State of Florida. Said funds shall not be used to maintain or repair existing police facilities or equipment or to acquire facilities or equipment to serve existing development. (C) Any funds on deposit not immediately necessary for expenditure shall be invested in an interest bearing account. All income derived shall be deposited in the appropriate Police Impact Fee Trust Fund. iQl Any funds not expended or encumbered six years from the date Police Impact Fee was paid shall. upon application of the feepayer and proof of payment. be returned with interest at the rate of six per cent per annum. SECTION FOUR Ordinance Number 90-03 adopted by the City Commission of the City of Ocoee on February 6, 1990 is hereby amended by the addition of a new Section 7-1 to read as follows: Section 7-1. Vested Rights (A) Any Owner which was the subject of development order of the City prior to February 6, 1990, may petition the City for a vested rights determination which would exempt the Owner from the provisions of this Ordinance. Such petition shall be evaluated by the City Attorney and a determination made based on the following criteria: (1) The existence of a valid, unexpired governmental act of the City on the specific development for which a determination is soughtj (2) Expenditures or obligations made or incurred in reliance upon the authorizing governmental act that are reasonably equivalent to the fees required by this Ordinance; . (3) Other factors that demonstrate it is inequitable to deny the Owner the opportunity to complete the previously approved development under the conditions of approval by requiring the Owner to comply with the requirements of this Ordinance. For the purposes of this paragraph, the following factor shall be considered in determining whether it is inequitable to deny the Owner the opportunity to complete the previously approved development: (a) Whether the injury suffered by the Owner outweighs the public cost of allowing the development to go forward without payment of the Police Impact Fee Ordinance. (B) The City Attorney shall make a written determination as to whether the Owner has a vested right and, if so, whether such vested right would exempt the Owner from the provisions of this Ordinance. (C) Any Owner aggrieved by a decision of the City Attorney pursuant to this Section may appeal said decision to the City Commisioners within 30 days of the date of the written decision by filing said appeal with the City Clerk . . with a copy to the City Attorney. SECTION FIVE If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court or 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 hereto. SECTION SIX This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED This ?ri , 1991. NM[ day of Approved: CITY OF OCOEE, FLORIDA By: (SEAL) ADVERTISED April 25 , 1991 READ FIRST TIME April 16 ,1991 READ SECOND TIME AND ADOPTED P,~? , 1991 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO THE FORM AND LEGALITY, ~\S ;fb ~ aF 471 m J APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON 11M( I} ,1991 UNDER AGENDA ITEM NO.~ ::~EY if3~Ekff#) City Attorney