86-O-35o
ORDINANCE NO. 86-0-35
AN ORDINANCE EXEMPTING ALL AREAS WITHIN THE
CITY LIMITS OF EDGEWATER, FLORIDA, FROM THE
LEVY AND COLLECTION OF ROAD IMPACT FEES
IMPOSED BY VOLUSIA COUNTY, FLORIDA, PURSUANT
TO VOLUSIA COUNTY ORDINANCE 86-6; CONTAINING
FINDINGS OF FACT; EXEMPTING ALL AREAS WITHIN
THE CITY LIMITS OF THE CITY OF EDGEWATER FROM
THE APPLICATION OF VOLUSIA COUNTY ORDINANCE
86-6; PROVIDING FOR SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Volusia County Council adopted Ordinance No.
86-6, the Volusia County Impact Fee Ordinance, on June 19, 1986; and
WHEREAS, this Ordinance attempts to impose impact fees on
land use activities and developments in the incorporated munici-
palities, including Edgewater, as well as in the unincorporated
areas of Volusia County; and
WHEREAS, Art. VIII, Section 1(g) of the Florida Constitution
provides that the charter of any chartered county shall provide
which ordinance shall prevail in the event of a conflict between
county and municipal ordinances; and
WHEREAS, Section 1305 of the Volusia County Charter provides
that "any county ordinance in conflict with a municipal ordinance
shall not be effective within the municipality to the extent of
such conflict, regardless of whether such municipal ordinance was
adopted or enacted before or after the county ordinance, provided
that the county ordinances shall prevail over municipal ordinances
whenever the county shall set minimum standards protecting the
environment by prohibiting or regulating air or water pollution
or the destruction of the resources of the County belonging to the
general public"; and
WHEREAS, Volusia County Ordinance No. 86-6 does not set
"minimum standards protecting the environment by prohibiting or
regulating air or water pollution or the destruction of the
resources of the County belonging to the general public"; and
0
0
WHEREAS, Volusia County Ordinance 86-6 attempts to impose
on municipal governments and officials duties which the Volusia
County Council does not have the power to impose on such govern-
ments and officials under the Florida Constitution, Florida
Statutes and the Volusia County Charter; and
WHEREAS, the City of Edgewater wishes to enact an ordinance
exempting from the provisions of the Volusia County Ordinance
86-6 all areas within the city limits of Edgewater, Flordia.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA:
SECTION 1: All areas within the city limits of the City
of Edgewater, Florida, shall be exempted from the application of
the terms and provisions of Volusia County Ordinance No. 86-6, the
Volusia County Road Impact Fee Ordinance.
SECTION 2: No road impact fees shall be due or collected
because of any land use activities or developments within the
corporate limits of the City of Edgewater, Florida, pursuant
to Volusia County Ordinance No. 86-6.
SECTION 3: If any provision of this Ordinance is declared
to be unlawful, that shall not affect the remaining provisions
of this Ordinance.
SECTION 4: This Ordinance shall take effect immediately
upon its adoption.
This Ordinance was introduced by Councilman Asting
This Ordinance was read on first reading and passed by a
vote of the City Council of the City of Edgewater, Florida, and
approval as provided by law, at a regular meeting of said Council
held on the 3rd day of November , 1986.
-2- Ordinance No. 86-0-35
Lel
The second reading of this ordinance to be at a regular
meeting of the City Council of the City of Edgewater, Florida, to
be held on the 1st day of December 1198 6
ROLL CALL VOTE ON ORDINANCE NO. 86-0-35:
FIRST READING:
SECOND READING:
ATTEST:
COUNCILMAV ZOO THREE
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rYNCILMAN - ZONE FOUR
W
COUNCINONE TH
S
C N ILMAN - ZON FOUR
T CLERK
This Ordinance read and adopted on second reading at a regular
meeting of the City Council of the City of Edgewater, Florida, and
authenticated this 1st day of December ,1986
mayor
Approved for legality
and form-
orn y
-3- Ord. No. 86-0-35