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HomeMy WebLinkAboutItem V (C) - Second Reading and Public Hearing of Ordinance No 91-05 - Relating to ameding Ordinance No 90-03, the Police Impact Fee Ordinance AGENDA 5-07-91 Item V C STAFF REPORT DATE: May 3, 1991 TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS FROM: Montye Beamer, Director of Administrative Services RE: Police Impact Fee Update ISSUE Should the Honorable Mayor and Board of City Commissioners approve the attached Ordinance which adjusts the Police Impact Fees. BACKGROUND/DISCUSSION The Police Impact Fee Ordinance (90-03) was adopted on February 6, 1990. In accordance with its annual review requirement, the attached update and accompanying ordinance revisions are being submitted as are the data on collection and disbursements. Figure 1 shows the building permit activity for February, 1990, through February, 1991; while Figure 2 lists the fee collection and disbursement activity. $67,350.55(including $958.78 in interest) was collected and deposited in a separate trust account. The most remarkable month for collection was June, 1990, which corresponds to the increase in commercial permitting for that same month. No credits were given. A waiver did, however, occur in April. All fees were paid at the time of permit issuance. In disbursements $314.61 was returned as a part of building permit refunds. $49,086 was spent on the purchase of four vehicles. Growth patterns necessitate handling current deficiencies and increased demand simultaneously. Changes in patrolling strategies help reduce any degradation of service these two may cause. The purchase of these four vehicles moves the Department toward adoption of a modified Indianapolis plan, allowing police officers who live in the City of Ocoee to take vehicles home. This provides several benefits to the public--one very important benefit is the increased availability of the off-duty officer to respond to a call and another is the deterrent that the vehicle represents as it moves through the streets of the city or is parked in the driveway of a city residence. Circumstances arose after the purchases that necessitated taking other vehicles out of service. An accident and costly repair bills have led to the removal of four vehicles from inventory. Replacement of these vehicles will occur over the next eighteen months through the existing replacement schedule. Changes in the study include: --update of inventory --adjustment of 1990 population to Census figures --calculation of police administration facility expansion utilizing estimates of true costs. Changes in the ordinance include: --adjustment of fee schedule --appeal process --time limit for holding unexpended or unencumbered funds --procedure for vested rights determination. Fees will increase: RESIDENTIAL $.053 to $.086 Increase = 62% NON-RESIDENTIAL $.061 to $.097 Increase = 59% This amounts to an increase for a 2,000 square foot residential dwelling of $68.00, from $104 in 1990 to $172 in 1991. For a 2,000 square foot non-residential, the increase is also $72.00, from $122 in 1990 to $194 in 1991. RECOMMENDATION City Staff recommends that the update be accepted and the ordinance be approved by the Mayor and City Commissioners. 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 the City has conducted its annual review of police impact fees and determined that a fee adjustment is necessary in order to maintain the level of service within the City. 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 4. Fee Schedule A. 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 $ .053 $ .086 Non-residential $ .0G1 $ .097 B. The fees imposed for residential and non-residential construction are a result of the City's fee calculation study which was designed to insure that the impact fees imposed are rationally related to the benefit received by the applicant. C. In the event that an applicant believes the impact of the construction will be less than that set forth above, the applicant may, at his option, submit evidence to the City Commission in support of an alternative assessment. Based upon convincing 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. (D) 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 sought; (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 day of , 1991. Approved: ATTEST: CITY OF OCOEE, FLORIDA By: Jean Grafton, Lester Dabbs, Jr. , Mayor City Clerk (SEAL) ADVERTISED April 25 , 1991 READ FIRST TIME April 16 , 1991 READ SECOND TIME AND ADOPTED , 1991 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED APPROVED BY THE OCOEE CITY • AS TO THE FORM AND LEGALITY, COMMISSION AT A MEETING HELD ON , 1991 UNDER AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney OEC UTtLITIE� �►�RARTMEIVT I. SOUTH WATER PLANT: SUPPLY WELL CONSTRUCTION CONTRACT AMOUNT : $149,090.00 ORIGINAL COMPLETION DATE: APRIL 29,1991 REVISED COMPLETION DATE: MAY 20, 1991 STATUS: 90 % COMPLETE .......................................................................................................................................................... IANGE ORDER fiO DATE II0 ........................................................................................................................................................... .......................................................................................................................................................... II. SOUTH WATER PLANT: PUMPS, BUILDINGS, STORAGE TANK BID OPENING DATE: MAY 10, 1991 PROJECT: 600,000 GALLON GROUND STORAGE TANK 3,000 GALLON/MINUTE WELL PUMP HIGH SERVICE PUMPS CHLORINATION & FLUORIDATION EQUIPMENT FACILITIES BUILDING CHEMICAL FEED BUILDING SITE WORK III. WASTEWATER TREATMENT PLANT #2 PHASE 1A ORIGINAL CONTRACT AMOUNT: $1,076,600.00 cHAN rE OROER$ TO DATE,; $4,065.32 ( 38% STATUS: 80 % COMPLETE COMPLETION DATE: JUNE 1, 1991 ( ON SCHEDULE ) SYNOPSIS It is presently anticipated that the plant will be operational by June 1, 1991, with only cosmetic work left to be completed. Based on changes to the work to date, this should satisfactorily meet with the contract completion date. • PHASE lA >>::