2010-O-17ORDINANCE NO. 2010-0-17
AN ORDINANCE OF THE CITY OF EDGEWATER
ESTABLISHING POLICY TO TEMPORARILY DEFER
APPLICABLE SIDEWALK, FIRE/EMS, POLICE AND
TRANSPORTATION/ROAD IMPACT FEES BASED ON JOBS
CREATED; PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY AND PROVIDING AN
EFFECTIVE DATE/TERMINATION DATE.
WHEREAS, Article VI1I 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 diversify the tax base in the City of Edgewater;
and
WHEREAS, the City Council desires to enhance economic development by deferring the
payment of the referenced impact fees for non-residential development and any non-residential
redevelopment or expansion that is required to pay the referenced impact fees; and
WHEREAS, the City Council desires to institute a temporary policy to allow for the
adjustments to the 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:
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PART A. ESTABLISHING POLICY TO TEMPORARILY DEFER
APPLICABLE SIDEWALK, FIRE/EMS, POLICE AND
TRANSPORTATION/ROAD IMPACT FEES BASED ON JOBS
CREATED AS SET FORTH BELOW:
Section 1. This provision applies to the new development, redevelopment or
expansion of non-residential projects where the project's sum total of the referenced impact fees
exceeds ten thousand ($10,000).
Section 2. Eligible projects which qualify under this provision may have the portion
of the impact fees exceeding ten thousand ($10,000) deferred for a period up to three (3) years
from the date of completion of construction. Application for construction of the new
development upon which a deferral in impact fees is sought shall occur within 30 days of the
deferral request. 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. The City may demand payment in full in the event the subject
property is sold or ownership is transferred or a receiver has been appointed or there is a change
of use at any time during the deferral period.
Section 3. The referenced eligible impact fees will be calculated at the time the first
building permit is issued based on the rates in effect and will accrue interest at the rate of five
percent (5%) per annum for each year deferred. Interest shall be simple interest calculated on the
original amount of impact fees deferred. The City will record a lien against to the real property
that the project is associated with equal to the amount of the deferred impact fees.
Section 4. Payment of the total impact fees plus interest shall be due in full at the end
of the deferral period but no longer than three (3) years from the date of completion of
construction. Once the deferred impact fees are satisfied, the City will release the liens associated
with the deferred portion of the impact fees.
Section 5. All ordinance or parts of resolutions in conflict herewith are hereby
repealed.
Section 6. This ordinance shall become effective immediately upon adoption and
shall expire on September 30, 2011.
Section 7. The expiration of this ordinance may be extended in periods not to exceed
one (1) yew 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
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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.
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 Councilwoman Rhodes with Second by Councilwoman
Bennington, 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
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After Motion to approve by ', '..,,I.,,with Second by fntn Ire„, &o[x�
SS IN11%
the vote on the second reading/public hearing of this ordinance held on September;4, 2010, was
as follows:
AYE NAY
Mayor Mike Thomas x _
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes RbSertt
Councilman Ted Cooper _
PASSED AND DULY ADOPTED this �26th day of September, 2010.
ATTEST:
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
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CITY COUNCIL OF THE
CITY OF E T ORIDA
Mike homes
ayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 20th day
of September, 2010 under Agenda Item No.
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