2000-09 Land Development RegulationsRESOLUTION NO. 00 -9
A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING
RESOLUTION 98 -11, APPENDIX "C" OF THE LAND DEVELOPMENT
REGULATIONS; ASSESSING ADDITIONAL FEES AND CHARGES TO
APPLICANTS REQUESTING CERTAIN APPROVALS FOR
COMPREHENSIVE PLAN AMENDMENTS; ZONING, VARIANCE, SPECIAL
EXCEPTION, PLAT AND SITE REVIEWS AND RELATED MATTERS AS
PROVIDED IN THE LAND DEVELOPMENT REGULATIONS; INCLUDING
ADDITIONAL FEES AND CHARGES FOR ENGINEERING REVIEW;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
PROVIDING AN EFFECTIVE DATE..
WHEREAS, Resolution No. 98 -11 in the City of Okeechobee, Florida provides for the
assessment of fees and charges for certain plan approvals, land use applications
and amendments, and similar categories; and
WHEREAS, the City of Okeechobee is often required, in addition to review by the building
officials, to submit certain applications for review by the engineering firm retained
by the City for such matters; and
WHEREAS, these engineering fees and costs are not included in the schedule of fees and
charges presently set out in Resolution No. 98 -11, and as subsequently amended,
which requires such fees and charges to be paid from the general fund of the City;
and
WHEREAS, it is determined that such additional fees and charges are not always
contemplated upon submission of the applications, and it is not appropriate for such
fees and charges to be paid on behalf of an applicant from funds obtained from ad
valorem taxation from the citizens of Okeechobee;
NOW, THEREFORE, BE IT RESOLVED AN APPROVED THAT THE FOLLOW FEES
AND CHARGES ARE HEREBY ADOPTED BY THE CITY COUNCIL OF THE CITY
OF OKEECHOBEE, FLORIDA; THAT:
UNIFIED LAND DEVELOPMENT CODE VOLUME 1 APPENDIX C SCHEDULE OF
FEES AND CHARGES FOR ENGINEERING SERVICES
Section 1. It is understood that the City cannot determine in advance on applications
filed by applicants under this section whether the application will have to be
reviewed /approved by the engineering firm retained by the City, in addition
to any review provided by the City building official, department head or other
City personnel. If required, the approval or review must be made by the
engineering firm on retainer with the City at the time of submission of the
application.
Section 2. Therefore, in the event such additional engineering fees and charges are
incurred in the processing and approval process of the application, such
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Section 3.
Section 4.
Section 5.
Section 6.
ATTEST:
N
John R. Cook, City Attorney
fees and charges, as set by the existing contract between the City and the
engineering firm, will be assessed to, and paid by the applicant, which shall
be considered in addition to any application fees, charges or assessments
for the services provided by Resolution No. 98 -11, and as amended.
The City shall notify the applicant prior to incurring such engineering fees
and charges, to afford the applicant the opportunity to determine whether it
is feasible to proceed with such application in Tight of such additional costs.
No application that has incurred fees and charges for engineering services,
or other professional consultants as provided in Resolution No. 98 -11, shall
proceed to final approval without advance payment in full for such additional
fees and charges.
That to the extent this resolution conflicts with Resolution No. 98 -11 and as
amended, the terms of this resolution shall take precedence.
If any part of this resolution shall be legally determined to be unenforceable,
the balance remaining after deletion of such section shall remain fully
enforceable.
THAT THIS RESOLUTION shall become effective immediately upon adoption by the City
Council at a regular meeting.
INTRODUCED and Adopted this 5 day of December 2000.
Bonnie S. Thomas, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
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James E. Kirk, Mayor