HomeMy WebLinkAboutOrdinance 2005-004
ORDINANCE NO. 2005-004
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO RECREATIONAL PARK IMPACT FEES;
AMENDING SECTION 87-18 OF ARTICLE II OF
CHAPTER 87 OF THE CODE OF ORDINANCES OF THE
CITY OF OCOEE RELATING TO RECREATIONAL PARK
IMPACT FEES; INCREASING THE RECREATIONAL
PARK IMPACT FEE PER RESIDENTIAL DWELLING
UNIT; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CODIFICATION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, 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; and
WHEREAS, the City Commission of the City of Ocoee desires to increase the
recreational park impact fee per residential dwelling unit, provided, however, that the existing
fees shall apply to any new buildings for which a building permit application has been submitted
to the City on or prior to the effective date of this Ordinance and for which a building permit is
issued within ninety (90) days from the date of adoption of this Ordinance; and
WHEREAS, the City conducted an update to that certain Parks & Open Space Impact
Fee Study, dated September 2001, and according to this update has made a determination as to
the necessary uniform recreational park impact fee for new dwelling units within the City.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
006.330540.4
SECTION 1. Authority. The City Commission 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 2. Amendment to Section 87-18 Section 87-18 of Article II of Chapter 87 of
the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows (with
deletions stricken and additions underlined):
~87-18 Assessment of Fees.
A recreational park impact fee in the amount of $500.00 $156Q.OO~oper residential
dwelling unit is hereby assessed by the city and shall be collected by the city prior
to issuance of a building permit or any other development permit for the
construction of any structure to be used for a dwelling unit. This fee is based on the
City of Ocoee - Parks & Open Space Impact Fee Study dated September, 2001,a~
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SECTION 3. Severability. 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 ofthe remaining portion hereto.
SECTION 4. Codification. It is the intention ofthe City Commission ofthe City that the
provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the
City; and that sections of this Ordinance may be renumbered or relettered and the word
"ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or
phrase in order to accomplish such intentions; and regardless of whether such inclusion in the
Code is accomplished, sections of this Ordinance may be renumbered or relettered and the
correction of typographical errors which do not affect the intent may be authorized by the City
006.330540.4
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Manager, without need of public hearing, by filing a corrected or recodified copy of same with the
City Clerk.
SECTION 5. Effective Date. This Ordinance shall become effective immediately upon
passage and adoption, provided, however, (1) that the fees in place immediately prior to the
adoption of this Ordinance shall apply to any new buildings for which a building permit
application has been submitted to the City on or prior to the effective date of this Ordinance and
for which a building permit is issued within ninety (90) days from the date of adoption of this
Ordinance; and (2) that the fees in place immediately prior to the adoption of this Ordinance plus
fifty percent (50%) of the applicable increase in such fees adopted by this Ordinance shall apply to
any new buildings for which a building permit application has been submitted to the City on or
prior to the effective date of this Ordinance and for which a building permit is issued between
ninety-one (91) and one hundred eighty (180) days from the date of adoption of this Ordinance.
006.330540.4
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PASSED AND ADOPTED this 15th day of March, 2005.
ATTEST:
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this 15th day of March, 2005.
::LEPaJ;~
City Attorney
006.330540.4
APPROVED:
CITY OF OCOEE, FLORIDA
ADVERTISED :r~n. ~ ,2005 AND
tv\oaJ, ~ ,2005
READ FIRST TIME :r- 6f'1 U i\-'~ l&;' 2005
READ SECOND TIME AND A PTED
~a vT~,h ,S"' , 2005
UNDER AGENDA ITEM No.-1.1
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