HomeMy WebLinkAbout2003 05 27 Public Hearings A First Reading - Ordinance 2003-21 Corrects Scrivener's Error in Ordinance 2003-04
COMMISSION AGENDA
ITEM A
Consent
Informational
Public Hearing X
Regular
May 27,2003
Meeting
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. .
Mgr. /
Att. /
Dept.
REQUEST:
The City Attorney requests that the City Commission consider for first reading Ordinance No. 2003-
21, which corrects a scrivener's error contained in Ordinance 2003 -04.
PURPOSE:
On April 28, 2003, the City Commission adopted Ordinance No. 2003-04 which amended the Code
of Ordinances, Chapter 9, Article VIII, Impact Fees, by revising Police and Fire Impact Fees and
establishing Impact Fees for Parks and Recreation. Section 9-391.5, Payment of Fees, contained a
scrivener's error in the Non-Residential Fee Chart for fire impact fees. Staff proposes to correct the
error by substituting the chart contained in Ordinance 2003-21 which reflects the correct amounts in
the Total Credit Due column as provided by the City's impact fee consultant..
APPLICABLE LAW AND PUBLIC POLICY:
Florida Municipal Home Rule Powers Act.
CONSIDERA TIONS:
I. The adoption of this Ordinance will correct a scrivener's error. The wrong nonresidential fee
credit was listed for Fire impact fees.
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2. Ordinance No. 2003-21 adopts the nonresidential fee credit for Fire impact fees which was
recommended by the City's impact fee consultant.
STAFF RECOMMENDATION:
Staff recommends approval of Ordinance 2003-21.
ATTACHMENTS:
Ordinance 2003-21
COMMISSION ACTION:
The City Commission approved Ordinance 2003-04 on April 28, 2003.
F:\Docs\City of Winter Springs\Agenda\ImpactFeeCorrection. wpd
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ORDINANCE NO. 2003-21
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF WINTER SPRINGS, FLORIDA, AMENDING ORDINANCE
2003-04 TO CORRECT A SCRIVENER'S ERROR IN SECTION
9-391.5(c)(l)(ii), PAYMENT OF FEES; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR INCORPORATION INTO
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs, Florida, adopted Ordinance
2003-04 on April 28, 2003; and
WHEREAS, Ordinance 2003-04 contained a scrivener's error in Section 9.391.5(c)(I)(ii),
regarding the Fire impact fee credit table for non-residential development; and
WHEREAS, the City Commission desires to correct that scrivener's error by inserting the
correct information in the Fire impact fee credit table; and
WHEREAS, this Ordinance is enacted pursuant to the Florida Municipal Home Rule Powers
Act, Chapter 163, Florida Statutes, the City of Winter Springs Comprehensive Plan, and other applicable
law authorizing a municipality to set rates, fees, and charges for new development; and
WHEREAS, it is in the best interests of the public health, safety, and welfare of the citizens of
Winter Springs to amend the City's police, fire/rescue, and parks and recreation impact fees and
procedures.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference.
Section 2. Code Amendment, Chapter 9, Article Vill, Division 3. The City of Winter
Springs Code, Chapter 9, Article VIII, Division 3, is hereby amended as follows (underlined type
indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from
the Ordinance of text existing in Chapter 9. It is intended that the text in Chapter 9 denoted by the
asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to
adoption of this Ordinance).
City of Winter Springs
Ordinance No. 2003-21
Page 1 of 3
ARTICLE VID. IMPACTFEES
* * *
DIVISION 3. POLICE, FIRE, AND PARKS AND RECREATION
FACILITIES
* * *
Sec. 9-391.5. Payment of fees.
* * *
(c) Amount offee. The following impact fees are hereby adopted:
(1) Fire:
(i) Residential:
Impact Fee Payment Year Impact Fee Due
2003 $173.28
2004 $174.41
2005 $175.64
2006 $176.94
2007 $178.34
-Fee includes the same non-residential development credit set forth below.
(ii) Non-residential: $0.326 per square foot.
However, for non-residential development a credit shall be deducted from the calculated
base fire impact fee to offset payments which new development will incur (in the form
of personal service taxes and franchise fees) to retire outstanding City of Winter Springs
bonds which were used to finance past fire capital improvements as follows:
Impact Fee Payment Year Total Credit Due
2003 $105.4741.00
2004 $111.7839.87
2005 $118.5338.64
2006 $125.7637.34
2007 $133.5035.94
* * *
City of Winter Springs
Ordinance No. 2003-21
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Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Winter
Springs City Code and any section or paragraph number or letter and any heading may be changed or
modified as necessary to effectuate the foregoing.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a
separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of , 2003.
ATTEST:
ANDREA LORENZO-LUACES, City Clerk
JOHN F. BUSH, Mayor
Approved as to legal form and sufficiency for
the City of Winter Springs only:
ANTHONY A. GARGANESE, City Attorney
First Reading:
Second Reading:
Effective Date:
City of Winter Springs
Ordinance No. 2003-21
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