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Home My WebLink About2013-029 Impact Fees & Deferral of Transportation Impact Fee Payment - Extension Until July 1, 2014ORDINANCE NO. 2013-029 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO ROAD, RECREATIONAL PARK, FIRE, AND POLICE IMPACT FEES; AMENDING SECTION 87 -3.1 OF THE CITY CODE EXTENDING THE TEMPORARY DEFERRAL OF ROAD IMPACT FEE PAYMENTS UNDER CERTAIN CIRCUMSTANCES; AMENDING SECTIONS 87 -4, 87 -18, 87 -30, AND 87 -42 OF THE CITY CODE BY PROVIDING FOR THE TEMPORARY REDUCTION OF IMPACT FEES FOR ROADS, RECREATIONAL PARK, FIRE AND POLICE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City recognizes that the adverse effects of the national recession and the financial and credit crises are still impacting the state and local economy; and WHEREAS, the City previously enacted Ordinance 2012 -021, which temporarily defers the timing of road impact fee payments for projects submitted before January 1, 2014; and WHEREAS, the City has received input suggesting that some of the economic challenges associated with commencing new projects could be addressed in part by further deferring the timing of the payment of road impact fees; and WHEREAS, the City has also received input suggesting that some of the economic challenges could also be addressed in part by reducing the impact fees assessed to new development; and WHEREAS, the City Commission finds it to be in the best interest of the citizens of Ocoee to try to encourage economic development by temporarily deferring the timing for the payment of road impact fees and temporarily reducing the impact fees assessed to new development; and WHEREAS, the City Commission has determined that such a temporary deferral will not adversely impact the ability of the City to meet its financial obligations. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority 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 2. Amendments, In General Chapter 87 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended as set forth in Sections 3, 4, 5, 6 and 7 of this ordinance, with new wording being indicated by underlines and deleted wording being shown by strikethroughs. SECTION 3. Subsection (F) of Section 87 -3.1 of Article I of Chapter 87 of the Code of Ordinances of the City of Ocoee, Florida (the "Ocoee Code ") is hereby amended to read as follows: (F) Except for building permit applications for projects submitted before r.,,,,,af 1, 2nr 4 July 1,2O 14 with respect to which building permits are issued no later than Mar -eh 15, September 15 2014 the road impact fee deferral set forth in this section shall sunset on J anual l y 1, 2ni ^ July 1, 2014 without further action by the city commission and all road impact fees shall thereafter be payable at the time provided in Sections 87- 3 and 87 -11. SECTION 4. Subsection (C) of Section 87 -4 of Article I of Chapter 87 of the Ocoee Code, is hereby amended to read as follows: (C) Provided, however, that the road impact fee shall be reduced by twenty -five percent (25 %) for any building permit issued between january 3, January 1, 2014 and aeeembef31, 2013 July 1, 2014 This temporary twenty -five percent (25 %) reduction shall not apply to any alternative road impact fee approved pursuant to Section 87 -5 or established by development agreement with the City pursuant to Section 87 -6. This deferral shall sunset on January ' 2n' ^ July 1, 2014 without further action by the city commission. SECTION 5. Subsection (B) Section 87 -18 of Article II of Chapter 87 of the Ocoee Code is hereby amended to read as follows: (B) Provided, however, that the recreational park impact fee shall be reduced by fifty percent (50 %) for any building permit or other -2- development permit for the construction of any structure to be used for a dwelling unit issued between januaFy 3 'n' January 1, 2014 and Deeember- 31, 2013 July 1. 2014 This temporary fifty percent (50 %) reduction shall not apply to any alternative recreational park impact fee approved pursuant to Section 87 -20. This deferral shall sunset on january ,� July 1, 2014 without further action by the city commission. SECTION 6. Subsection (D) of Section 87 -30 of Article III of Chapter 87 of the Ocoee Code, is hereby amended to read as follows: (D) Provided, however, that the fire impact fees shall be reduced by fifty percent (50 %) for any building permit issued between JanuaFy3, 244-3 January 1. 2014 and December 31, 2 013 July 1, 2014 This temporary fifty percent (50 %) reduction shall not apply to any fire impact fees approved pursuant to Section 87 -30.C. This deferral shall sunset on January 1, 2014 July 1, 2014 without further action by the city commission. SECTION 7. Subsection (D) of Section 87 -42 of Article IV of Chapter 87 of the Ocoee Code is hereby amended to read as follows: (D) Provided, however, that the police impact fees shall be reduced by fifty percent (50 %) for any building permit issued between 3anuary 3, 3 January 1, 2014 and Deeember 31, 2043 July 1, 2014 This temporary fifty percent (50 %) reduction shall not apply to any police impact fees approved pursuant to Section 87 -42.C. This deferral shall sunset on January 1, 2014 without further action by the city commission. SECTION 8 . 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 of the remaining portion hereto. SECTION 9 . Codification It is the intention of the City Commission of the 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 -3- 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 Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 10 . Effective Date This Ordinance shall become effective ten (10) days after its passage and adoption. PASSED AND ADOPTED this day of 20_• APPROVED: ATTEST: RAPICC �J I'S It-, 41_ Beth - Eikenberry, City Clerk CITY OF OCOEE, FLORIDA r 4 v S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this a_Mday of • f— , 20 I'S,. Shuffield Lowman & Wilson P.A. By: u A,ttorney ADVERTISED 6 READ FIRST TIME 20 1_ ) READ SECOND TIME AND ADOPTED UNDER AGENDA ITEM NO. i�