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HomeMy WebLinkAbout2003 06 23 Public Hearings J Second Reading - Ordinance 2003-21 Corrects a Scrivener's Error in Ordinance 2003-04 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Jun-18-03 5:07PM; Page 1i1 COMMISSION AGENDA ITEM J Consent lnformational Public Hearing x Regular June 23.2003 Meeting {0 Mgr. / Dept. REQUEST: The City Anorney requests that the City Commission consider for second reading and public hearing Ordinance No. 2003-21, which corrects a :icrivener's error contained in Ordinance 2003-04. PURPOSE: On April 28, 2003, the City Conunission 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 2003-2 t 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. CONSIDERATIONS: 1. The adoption of this Ordinance will t:Orrect a scrivener's error. The wrong nonresidential fee credit was listed for Fire impact fees. 2. Ordinance No. 2003-21 adopts the nonresidential fee credit for Fire impact fees which was recommended by the City's impact fee consultant. Page 1 of 2 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. The City Commission approved Ordinance 2003-21 on first reading on May 27,2003. F:\Docs\City of Winter Springs\Agenda\ImpactFeeCorrection2.wpd Page 2 of 2 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)(1)(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)(1)(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 ofthe 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 VIII, Division 3. The City of Winter Springs Code, Chapter 9, Article VIII, Division 3, is hereby amended as follows (underlined type indicates additions and strikcout 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 ofthis Ordinance). City of Winter Springs Ordinance No. 2003-21 Page 1 of 3 ARTICLE VIII. IMPACT FEES * * * DIVISION 3. POLICE, FIRE, AND PARKS AND RECREATION FACILITIES * * * Sec. 9-391.5. Payment of fees. * * * (c) Amount of fee. 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 -Fce includes thc same non-residcntial dcvelopmcnt credit sct 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 $125.7G37.34 2007 $133.5035.94 * * * City of Winter Springs Ordinance No. 2003-21 Page 2 of 3 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 ofthis 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 ofthe City of Winter Springs, Florida, and pursuant to City Charter. ADOPTED by the City Commission ofthe 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 Page 3 of 3