1124 Impact FeesORDINANCE NO. 1124
AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA,
RESCINDING ORDINANCE 985, WHICH CREATED CODE BOOK
CHAPTER 71 IMPACT FEES, AUTHORIZING INTERLOCAL
AGREEMENTS TO ACCOMPLISH SAME; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Okeechobee, Florida, adopted Ordinance No. 985, effective June
5, 2007, which created the Code of Ordinance Chapter 71, to impose impact fees
within the City, with means of imposition, exemptions, accounting methods, and use
of funds; and
WHEREAS, concurrent with the ordinance, the City of Okeechobee entered into interlocal
agreements with the Board of County Commissioners, and Okeechobee County
School District which concerned imposition of impact fees by those agencies within
the City of Okeechobee, accountings and other terms, which agreements are due
to expire in 2017; and
WHEREAS, the interlocal agreements require that all parties consent and agree to the
termination of the agreements if so desired, prior to the natural expiration date set
out in the agreement of 2017; and
WHEREAS, all entities have determined that the imposition of impact fees is not conducive
to growth and development within Okeechobee County, and that the provision of
capital improvements, infrastructure, and capital facilities is attainable by the
respective entities within current capabilities without the need for impact fees, and
still maintain compliance with their respective comprehensive plans; and
WHEREAS, the County Commission and School District have taken action to rescind their
respective ordinances or appropriate action of each board; and
WHEREAS, the City is not in possession of any remaining funds which may have been
Collected through the imposition of impact fees as a result of the ordinance.
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.
THAT the City Council for the City of Okeechobee, Florida, herewith rescinds
Ordinance No. 985, heretofore passed by the Council on June 5, 2007 in its
entirety.
SECTION 2. Preservation of Rights.
THAT nothing in this action may be construed as waiving, limiting or otherwise
preventing the imposition of impact fees within the City of Okeechobee in the future
if such action were deemed to be in the best interest of the City at that time.
Ordinance No. 1124 - Page 1 of 2
SECTION 3. Conflict.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 4. 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 5. Effective Date.
This Ordinance shall take effect immediately upon its passage.
INTRODUCED for first reading and set for final public hearing on this 5' day of May, 2015.
ATTEST:
Lane Gamiotea, C C, City Clerk
E. Kirk, ayor
PASSED AND ADOPTED after Second and Final Public Hearing this 19' day of May,
2015.
,ATTEST:
amiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
Ordinance No. 1124 - Page 2 of 2
es E. Kirk, ayor