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84-O-37ORDINANCE NO. 84-0- 37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX B, ARTICLE IX(IIXd)(e), DESIGN STAND- ARDS, PUBLIC SITES AND OPEN SPACES, FORMULA FOR FEES IN LIEU OF LAND CONVEYANCE, USE OF FEES, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, PROVIDING THAT FUNDS ACCUMU- LATED AND USE OF FEES SHALL INCLUDE RECREATIONAL EQUIP- MENT, FACILITIES AND LAND IMPROVEMENTS AS DESIGNATED BY THE CITY COUNCIL; PROVIDING FOR ADVERTISEMENT OF THIS ORDINANCE AS REQUIRED BY LAW; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, Florida, reviewed Appendix B, Article IX Q 1)(d)(e) of the Code of Ordinances at their meeting of December 3, 1984, and determined that funds accumulated pursuant to Article IX (11) shall also be used to provide recreational equipment, facilities and land improve- ments as determined by the City Council, and authorized the City Attorney to draw up an ordinance on the subject; NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. - Appendix B, Article IX(11)(d) of the Code of Ordinances of the City of Edgewater, Florida, is hereby amended as follows:" (d) Formula for fees in land conveyance (1) If it is determined that the proposed development does not include any land designated by the Edgewater Comprehensive Plan as open space, to serve the immediate and future needs of the city residents and the developer is unwilling or unable to deed to the city lands outside the proposed development that are so design- ated, then the developer shall, in lieu of conveying land, pay a fee to the city equal to the value of the land acreage that would otherwise have been required to be conveyed as determined by the formula herein, and in an amount determined in accordance with the provisions set out below, such fee to be used by the city for acquisition of land and parks and open space, and to provide recreational equipment, facilities and land improve- ments as determined by the City Council, which is intended to exclusively serve the residents of the City of Edgewater. SECTION 2. Appendix B, Article IX(l l)(e) of the Code of Ordinances of the City of Edgewater, Florida, is hereby amended as follows:* (e) Use of fees. The fees collected hereunder shall be paid to the City of Edgewater at the City Hall, 104 North Riverside Drive, Edge- water, Florida. All such fees shall be placed in a reserve account in trust within the general fund and shall be known as the reserve trust for lands for parks and open spaces. Moneis within the reserve account shall be used and expended solely for the ac- quistion, improvement, expansion of city parks and open space land, and to provide recreational equipment, facilities and land improvements as determined by the City Council. SECTION 3. That the City Clerk is hereby directed to advertise this Ordinance as required by law. " Deleted items have been lined-thfeegh and new language underscored. r SECTION 4. All ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. SECTION 5. If any section, part of a section, paragraph, clause, phrase or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. SECTION 6. This ordinance shall take effect immediately upon its adoption by the City Council of the City of Edgewater, Florida, and approval as provided by law. This ordinance was introduced by (,A.r�...%,,,,,Q„� ELI,*, This ordinance was read on first reading and passed by a vote of the City Council of the City of Edgewater, Florida, at a JILINJJA meeting of said Council held on the=tj�day of AptCalt6 19_, and approved as provided by law. The second reading of this ordinance is to be at a meeting of the City Council of the City of Edgewater, Florida, to be held on the iday of, 1912's—. ROLL CALL VOTE ON ORDINANCE NO. 84-0-37 AS FOLLOWS: FIRST READING: MAYbr Coun man-Zon 0 o cdman-Z to Two �//yyi.ttotA Councilman -Zone Three SECOND READING: ouncilman-Zone Four M or D _I— Counc lman-^ e One ouCT citillman- one o / Councilman-Z a Thr a AM M/ 7 n ilman-Zone Four (� -2- Ord. 84-0-37 i ATTEST: City Clerk This ordinance read and adopted on second reading at a ' 0 meeting of the City Council of the City of Edgewater, Florida, and authenticated thi(s/?day of /M 0 —Z y Mayor Prepared by; Attorney -3- Ord. 84-0-37