1112 Impact Fee Moratorium 7/2014-6/2015ORDINANCE NO. 1112
AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, AMENDING
CODE BOOK CHAPTER 71 IMPACT FEES, SECTION 71 -13 PUBLIC
WORKS IMPACT FEE SCHEDULE, SECTION 71 -23 LAW
ENFORCEMENT FACILITIES IMPACT FEE SCHEDULE, AND SECTION
71 -33 FIRE IMPACT FEE SCHEDULE; PROVIDING FOR AN EXTENSION
OF A iVIORATORIUM FOR THE COLLECTION OF IMPACT FEES FROM
JULY 1, 2014 TO JUNE 30, 2015; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILI T Y; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Ordinance No. 985 adopted by the City Council on June 5, 2007, providing
for impact fees, codified in Chapter 71 of the City of Okeechobee Code of
Ordinances; and
WHEREAS, the City Council has enacted a moratorium on the collection of impact fees as
outlined in Code Book Sections 71 -13, 71 -23, and 71 -33, for a period of one year
by Ordinance No. 1071, adopted May 17, 2011, from July 1, 2011 to June 30, 2012;
fora period of a second year, by Ordinance No. 1086, adopted July 17, 2012, from
July 1, 2012 to June 30, 2013; for a period of a third year by Ordinance 1097
adopted June 18, 2013, which extended the moratorium from July 1, 2013 through
June 30, 2014; and
WHEREAS, the City's Planning Board, acting as the Local Planning Agency, has reviewed
the proposed amendment, at a duly advertised meeting held on May 15, 2014, and
hereby recommends the extension of the moratorium suspending the collection of
impact fees for an additional year, July 1, 2014 to June 30, 2015; and
WHEREAS, the City Council agrees with the Planning Board's recommendation and finds
enacting such moratorium to be in the best interest of the inhabitants of said City
as hereinafter set forth.
NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City; that:
SECTION 1. Amendment and Adoption.
Sections 71 -13 Public Works impact Fee Schedule, 71 -23 Law Enforcement
Facilities impact Fee Schedule, and 71 -33 Fire Impact Fee Schedule, of Chapter
71 of the Code of Ordinances of the City of Okeechobee, are hereby amended and
adopted to read as follows:
The Impact Fee Collection Schedules imposed pursuant to Sections 71 -13, 71 -23,
and 71 -33 herein were suspended from Juiy 1, 2011 through June 30, 3012; from
July 1, 2012 through June 30, 2013; from July 1, 2013 through June 30, 2014; and
shall continue to be suspended for the period beginning July 1, 2014 and ending
June 30, 2015.
SECTION 2. Conflict.
Ali ordinances or parts of ordinances in conflict herewith are hereby repealed.
Ordinance No. 1112 - Page 1 of 2
SECTION 3. Severability.
If any provision or portion of this ordinance is declared by a court of competent
jurisdiction to be void, unconstitutional, or unenforceable, then all remaining
provisions and portions of this ordinance shall remain in full force and effect.
SECTION 4. Effective Date.
This Ordinance shall take effect immediately upon its passage.
INTRODUCED for first reading and set for final public hearing on this 20th day of May
2014.
ATTEST:
C, City Clerk
James. E. Kirk, ayor
PASSED AND ADOPTED after Second and Final Public Hearing this 17th day of June
2014.
ATTEST:
J.arnes E. Kirk, Mayor
�LJ cAc&Qar-
Lane Gamiotea, CM;C, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
' C
John R. Cook, City Attorney
Ordinance No. 1112 - Page 2 of 2
NDEPENDENT'
NEWSPAPERS
OKEECHOBEE NEWS
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
107 S.W. 17th Street, Suite D, Okeechobee, FL 34974
Before the undersigned authority personally
appeared Tom Byrd, who on oath says he is Publisher
of the Okeechobee News, a three times a week
Newspaper published at Okeechobee, in
Okeechobee County, Florida, that the attached copy of
advertisement being a
the matter of
in the 19th Judicial District of the Circuit Court of
Okeechobee County, Florida, was published in said
newspaper in the issues of
Affiant further says that the said Okeechobee News
is a newspaper published at Okeechobee, in said
Okeechobee County, Florida, and that said newspaper
has heretofore been published continuously in said.
Okeechobee County, Florida each week and has been
entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a
period of one year next preceding the first publication
of the attached copy of advertisement, and affiant fur-
ther says that she has neither paid nor promised any
person, firm or corporation any discount, rebate, com-
mission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Toni Byrd
Sworn to and subscribed before me this
.day of
Notary Public, State of Florida at Large
AD
ANGE BRIDGES
MY COMMISSION # EE 177653
EXPIRES: April 20, 2016
Bonded Thru Notary Public Underwriters
(863) 763 -3134
PUBLIC NOTICE
CONSIDERATION OF ADOPTING
A CITY ORDINANCE
Florida on TAKE uesday,y,, June 17th 2014 at 6 :001 p.m. or as soonkther thereafter at City Hall, 55 SE 3rd Ave., Okeechobee, FL, conduct a PUBLIC
HEARING to consider final reading for adoption of the following Ordinance
into law: No. 1112: AN ORDINANCE OF THE CITY OF OKEECHOBEE
FLORIDA, AMENDING CODE BOOK CHAPTER 71 IMPACT FEES,
SECTION 71 -13 PUBLIC WORKS IMPACT FEE SCHEDULE, SECTION
71-23 LAW ENFORCEMENT FACILITIES IMPACT FEE SCHEDULE,
AND SECTION 71 -33 FIRE IMPACT FEE SCHEDULE; PROVIDING
IMPACT EXTENSION S FROM OF ULY 1, 2014 0 TO JUNE 30, 2015; PROVIDING
FOR CONFLICT, PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
All members of the public are encouraged to attend and participate in said
Hearing. The proposed ordinance may be inspected in its entirety by mem-
bers of the public at the Office of the City Clerk during normal business
hours, Mon -Fri, 8:00 AM -4:30 PM, except for holidays.
ANY PERSON DECIDING TO APPEAL any decision made by the. City
Council with respect to any matter considered at this meeting will need to
ensure a verbatim record of the proceeding is made and the record includes
the testimony and evidence upon which the appeal will be based. In accor-
dance with the Americans with Disabilities Act (ADA), any person with a
disability as defined by the ADA, that needs special accommodation to par-
' ticipate in this proceeding, contact the City Clerk's Office no later than two
business days prior to proceeding, 863- 763 -3372.
BE ADVISED that should you intend to show any document, picture,
video or items to the Council In support or opposition to any item on the
agenda; a copy of the document, picture, video, or item MUST be provided
to the City Clerk for the City's records.
by: Lane Gamiotea, CMC, City Clerk
465622 ON 6/6/2014
•
TO:
ORANDUM
Mayor, Council, Administrator FROM:
DATE: May 16, 2014 SUBJECT:
Planning Board Secretary Burnette
Planning Board recommendation on
extending Impact Fee Moratorium for
1 year.
The Planning Board met Thursday, May 15, 2014 and offered the following recommendation:
Board Member Baughman made a motion to recommend the City Council extend the Impact Fee
Moratorium for another year, July 1, 2014 to June 30, 2015; . seconded by Board Member Ritter. Motion
carried unanimously.
The following was provided to the Board as additional information:
As you are aware, the City Council along with the Board of County Commissioners and School Board
adopted the collection of Impact Fees. The City's fees are outlined in Code Book Section 71 -13 for
Public Works, 71 -23 for Law Enforcement and 71 -33 for Fire Facilities.
Due to economic issues, the City Council has suspended the collection of City Impact Fee's since July 1,
2011, on an annual basis. The School Board suspended the collection of their impact fee's as well since
October 11, 2011.
The City Council will be considering extending the suspension another year at their May 2 0 t h
meeting. As the Local Planning Agency, the Planning Board has been requested to review the matter
and offer a recommendation, by motion, to the City Council, either to adopt or not adopt the extension
of the moratorium to collect City Impact Fee's for an additional year, July 1, 2014 to June 30, 2015.
Thank you.
INDEPENDENT
NEWSPAPERS
OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 34974
inii
STATE OF FLORIDA
COUNTY OF OKEECHOBEE
Before the undersigned authority personally
appeared Tom Byrd, who on oath says he is Publisher
of the Okeechobee News, a three times a week
Newspaper published at Okeechobee, in
Okeechobee County, Florida, that the attached copy of
advertisement being a \.s;.
in the matter of
in the 19th Judicial District of the Circuit Court of
Okeechobee County, Florida, was published in said
newspaper in the issues of
Affiant further says that the said Okeechobee News
is a newspaper published at Okeechobee, in said
Okeechobee County, Florida, and that said newspaper
has heretofore been published continuously in said
Okeechobee County, Florida each week and has been
entered as second class mail matter at the post office in
Okeechobee, in said Okeechobee County, Florida, for a
period of one year next preceding the first publication.
of the attached copy of advertisement, and affiant fur-
ther says that she has neither paid nor promised any
person, firm or corporation any discount, rebate, com-
mission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
tit
Toni Byrd
Sworn to and subscribed before me this
Notary Public, State of Florida at Large
AD
ANGIE BRIDGES
_=. !! MY COMMISSION # EE 177653
• •-��- rq EXPIRES: Apfit 20, 2016
Bondod ThnJ Notary Pub #c underwriters
(863) 763 -3134
NOTICE OF CITY PLANNING BOARD MEETING
NOTICE: The City of Okeechobee Planning Board wit meet as the Local
Nanning Agency on Thursday, May 15 2014 at 6 PM, or as soon there-
after as possible, at City Hall,-55 SE 3rd Ave, Rm 200, Okeechobee, FL., to
consider any proposed. amendments to the adopted Land Development
Regulations (LDR's), submitted by City Staff or citizens. All amendments are
forwarded, with a recommendation, to the City Council for final considera-
tion. Item(s) of discussion submitted to date are, but not limited to:
Amend Code Book Chapter 71, Articles II, III, and IV Impact Fees, by pro-
viding for an extension of a moratorium for the collection of impact fees
from July 1, 2014 to June 30, 2015, for Sections 71 -13, Public Works Im-
pact Fees Schedule; 71 -23 Law Enforcement Facilities Impact Fee Schedule;
and 71 -33 Fire Impact Fee Schedule.
All interested parties are encouraged to attend. Please contact General Ser-
vices at 863 - 763 -3372, or website, cityofokeechobee.com, to obtain a copy
of the agenda or to view the proposed amendments.
ANY PERSON DECIDING TO APPEAL any decision made by the Planning
Board with respect to any matter considered at this meeting will need to en-
sure a verbatim record of the proceeding Is made and the record includes
the testimony and evidence upon which the appeal wit be based. In accor-
dance with the Americans with Disabilties Act (ADA), any person with a
disability as defined by the ADA, that needs special accommodation to par-
ticipate in this proceeding, contact the General Services Office no later than
two business days prior to proceeding, 863- 763 -3372.
BE ADVISED that should you intend to show any document, picture, video
or items to the Planning Board in support or opposition to any item on the
agenda; a copy of the document, picture video, or item must be provided
to the Board Secretary for the City's records.
BY: Brian Whitehall, Zoning Administrator
465312 ON 5/9/2014
5/20/14 Activity Rpt Cont'd
• Ord 1111 BTR Code and fee changes - on Agenda to update the Code to
the terminology 'business tax receipt' and increase the BTR fees 5 %. I've
attached the 8/20/13 (incl in this f/y budget- beginning discussion) memo
reviewing the particulars.
• Ord 1112 Impact fee - on the Agenda and continues the impact fee
assessment moratorium for another year, through June 30, 2015.
• Centennial Celebration - on the Agenda is a motion to adopt proposed
Resolution No. 2014 -02, creating an Ad Hoc Committee. You were
supplied with a draft in the packets for last meeting and while it's a year
away, it'll be here before you know it.
• Parking lot downtown — As you are aware, the City continues to experience a bit
of an overcrowded parking issue downtown. On the one hand, it's good to see
the activity, but it's certainly creating a cumbersome issue. I'd like to investigate
the acquisition of the empty 50 X 142.5 lot at the intersection of SW Park & SW
4t" Av (where the Christmas trees were sold). I know it's not a solution to a
bigger parking problem but it could be a piece to the puzzle and the lot now
serves as nothing more than a cavity on our downtown store front area.
City Atty:
• FDOT / Hamrick litigation — The Mar 27 meeting wherein, Atty Cook and I were to
meet w/ our Atty Weaver and reps from the Hamricks and FDOT at City Hall to
discuss the litigation was cancelled and hasn't been rescheduled.
• Barbara Mills, 406 NW 5t" St, nuisance property resolution — At the Mar 18t"
meeting the Council voted to proceed w/ foreclosure on about $20k in fines after
Atty Cook was unable to secure a Judgment in order to gain access to the
property to abate the weed nuisance.
Finance:
• Mid -year financials update on Agenda - Fin Dir Riedel will give a short
report on the mid -year financial. We met with Dept Heads and supervisors
to review each department's budget, checking for over - expenditures or
unanticipated costs.
General Services / Planning Board:
• Air conditioner in Dep Clk's office replacement - The City just rec'd quotes
ranging from $3720/$3990 for a 13 SEER and $4560/$4990 for a 16
SEER. We are investigating any FPL rebates etc to make a determination
to go w/ the more efficient NC.
Police:
• Liquor sales to minors - The 5/11/14 Okeechobee News had an article
wherein it stated that the Narc Task Force and the City were involved in a
sting and found 7 of 12 stores selling booze to the underaged. Other than
our Task Force rep, the City wasn't actually involved in the sting which
explains, I guess, why all the stores were located outside of the City. I've
spoken to Chief Davis and we plan to coordinate a similar sting in the near
future for all stores inside the City.
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