86-O-17r O O
ORDINANCE NO. 86-0-17
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 NO. 86-6; CONTAINING FINDINGS OF FACT;
DECLARING THIS ORDINANCE TO BE AN EMERGENCY
ORDINANCE FOR THE PURPOSES OF FLA. STATUTES,
SECTION 166.041; EXEMPTING ALL AREAS WITHIN THE
CITY LIMITS OF THE CITY OF EDGEWATER FROM THE
APPLICATION OF VOLUSIA COUNTY ORDINANCE 86-6;
PROVIDING FOR AN EXPIRATION DATE; 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 l(g) of the Florida Constitution
provides that the charter of any charted 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 O
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, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA:
SECTION 1: This Ordinance is hereby declared to be an
emergency ordinance for purposes of Fla. Statutes, Section
166.041 (3)(b) and has been adopted by two-thirds vote of the
City Council of the City of Edgewater, Florida. The nature of
the emergency to be addressed by this Ordinance is the pending
effective date of Volusia County Ordinance No. 86-6.
SECTION 2: 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 3: No road impact fees shall be due or collected
because of any land use activities or development within the
corporate limits of the City of Edgewater, Florida, pursuant to
Volusia County Ordinance No. 86-6.
SECTION 4: This Ordinance shall expire in ninety (90) days.
SECTION 5: If any provision of this Ordinance is declared
to be unlawful, that shall not affect the remaining provisions
of this Ordinance.
-2- Ord. 86-0-17
O
P
SECTION 6: This Ordinance shall take effect immediately
upon its adoption.
The first reading of said Ordinance, as well as the second
reading of said Ordinance, was held at the regular meeting of
the City Council on the 21st day of July ,198 6
and was adopted thereby.
Roll call vote on Ordin
FIRST READING:
SECOND READING:
ATTEST:
CITY CLERK
Authenticated this lstday
Of July 198 6 .
2"61
MA
17
� n �
IL Z'ONE/ONII
CT MAN
z+ .
o 'TONE
Ord. 86-0-17