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HomeMy WebLinkAboutOrdinance 2003-21 Payment of Fees 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 ofthe 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 of the public health, safety, and welfare ofthe 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 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 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 ImDact 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: ImDact Fee Pavment 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 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 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 23rd day of June ,2003. JOHN F. BUSH, MAYOR ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney First Reading: May 27, 2003 Second Reading: June 23, 2003 Effective Date: See Section 6. City of Winter Springs Ordinance No. 2003-21 Page 3 of 3