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2010-O-16ORDINANCE NO. 2010-0-16 AN ORDINANCE OF THE CITY OF EDGEWATER ESTABLISHING POLICY TO TEMPORARILY REDUCE APPLICABLE SIDEWALK, FIREIEMS, POLICE AND TRANSPORTATION/ROAD IMPACT FEES BASED ON JOBS CREATED; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE/PERMINATION DATE. WHEREAS, Article VIII s. 2(b) of the State Constitution states municipalities shall have the governmental powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council adopted Ordinance No: 2004-0-39 on December 6, 2004 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Transportation/Roadway; and WHEREAS, the City Council adopted Ordinance No: 2003-0-15 on January 5, 2004 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Sidewalks; and WHEREAS, the City Council adopted Ordinance No: 2001-0-01 on March 19, 2001 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Fire/Ems; and WHEREAS, the City Council adopted Ordinance No: 2003-0-15 on January 5, 2004 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Police; and WHEREAS, the City Council has determined that it is necessary to take action in order to stimulate the non-residential growth that will create additional jobs in the City of Edgewater; and WHEREAS, the City Council desires to enhance economic development by reducing impact fees for non-residential development and non-residential redevelopment that will encourage the creation of additional jobs; and WHEREAS, the City Council desires to institute a temporary policy to allow for the adjustments to the assessment and collection of all non-residential impact fees in order to stimulate the non-residential growth in the City of Edgewater; and NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: Strikedwougk passages are deleted. Underlined passages are added. R2010-0.16 PART A. ESTABLISHING POLICY TO TEMPORARILY ALLOW FOR ADJUSTMENTS TO THE ASSESSMENT AND COLLECTION OF ALL NON-RESIDENTIAL IMPACT FEES AS SET FORTH BELOW: Section 1. All new development and redevelopment of non-residential properties that will create additional Full Time Equivalent (FTE) jobs will be eligible for a reduction from the referenced impact fees. A Full Time Equivalent (FTE) job is considered to be jobs offered at 32- hours or greater in a one week period. Application for construction of the new development or redevelopment upon which a reduction in impact fees is sought shall occur within 30 days of this agreement and construction shall start within 90 days from the effective date of the issuance of any development orders/approvals and must be completed within 12 months from the date of commencement of construction. Section 2. The reduction will be equivalent to $2,000 for each FTE job created and cannot exceed the sum total of the eligible referenced impact fees. The reduction will be equally divided among the applicable referenced impact fees. Section 3. FTE created jobs receiving the impact fee reduction must be continuously retained for a 12 month period after construction is completed. The City will record a lien against to the real property that the project is associated with equal to the sum total of the impact fees that had received the reduction based on the number ofjobs created. If the FTE jobs created are not retained for a twelve month period or any other condition related to the reduction is not met, then the appropriately adjusted reduced impact fee shall become immediately due and payable dating back to the date the adjusted fees would have been assessed. Once the adjusted impact fees are satisfied, the City will release the liens associated with the reduced portion of the impact fees. Section 4. Any person or entity seeking a reduction in impact fees as described herein shall file with the City an application for reduction, prior to receiving a building permit for the new development. The application shall, at a minimum, contain; 1) the time and address of the applicant, 2) an up-to-date, complete legal description of the site upon which the development is proposed to be located, 3) the nature of the business and the estimated number of FTE jobs anticipated to be created by the new development. Applicants most execute an agreement with the City of Edgewater describing the FTE jobs to be created and agree to reimburse the credited impact fee reduction if 1) construction is not commenced within 90 days of the effective date of the development orders/approvals, 2) construction is not completed within 12 months from the date of commencement of construction and 3) the FTE jobs created are not continuously retained for the entire 12 month period. In the event only a portion of the FTE jobs anticipated to be created are not retained for the entire 12 month period, only that portion of impact fee reduction associated with those FTE jobs will be due and payable and the Applicant shall maintain the benefit of the reduction for those FTE jobs which are indeed retained for the entire 12 month period. The required timeframes may only be extended by the 91FRE0 hreagp passages are deleted. Underlined passages are added. #2010-O-16 City after approval by the City Council and execution of an amendment to the agreement by both the City and the Applicant. Section 5. Applicants must agree to supply any documentation requested in order to justify and/or confirm the maintenance of the FIE jobs. Referenced documentation may be requested at any time throughout the agreement period. Section 6. Applicants will be responsible for any disclosure of tax requirement affiliated with the reduction of impact fees affiliated with the creation of the FTE jobs. Section 7. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 8. This ordinance shall become effective immediately upon adoption and shall expire on September 30, 2011. Upon expiration, all impact fees payable in accordance with the City's impact fee ordinances shall be again due and payable upon all new development and redevelopment projects. Only those development or redevelopment projects with a fully executed agreement on or before the date of expiration shall remain eligible for a reduction in impact fees as described herein provided the terms of the agreement are met and continue to be met. Section 9. The expiration of this ordinance may be extended in periods not to exceed one (1) year periods by the City Council provided the City Council approves the extension prior to its expiration. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. Salke Am passages are deleted. Underlined passages are added. #2010-0.16 PART D. EFFECTIVE DATE/TERMINATION DATE. That this ordinance shall become effective upon its final adoption and shall terminate on September 30, 2011. PART E. ADOPTION. After Motion to approve by Councilman Cooper with Second by Councilwoman Rhodes, the vote on the first reading of this ordinance held on August 16, 2010, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Debra J. Rogers ABSENT Councilwoman Gigi Bennington X Councilwoman Harriet B. Rhodes X Councilman Ted Cooper X After Motion to approve by(airj tlroan Ca"r with Second by(awij,o a I the vote on the second reading/public hearing of this ordinance held on September 0, 2010, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington x 1 Councilwoman Harriet B. Rhodes bSen� Councilman Ted Cooper A 4 Skilm threxgk passages are deleted. Underlined passages are added. #2010-0-16 C i PASSED AND DULY ADOPTED this P(kh day of September, 2010. ATTEST: Wrnt�� Bonnie Wenzel City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Sims,Wolfe, Ansay, Kundid & Birch Strike-thmugk passages are deleted. Underlined passages are added. #2010-0-16 CITY COUNCIL OF THE CITY OF ED ATE ORIDA EV MBc as Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this day of September, 2010 under Agenda Item o. Sc .