HomeMy WebLinkAbout00-141
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ORDINANCE NO. 00-014
AN ORDINANCE AMENDING, ARTICLE II CHAPTER 1-11, LIBRARIES
IMPACT FEE, OF THE ST. LUCIE COUNTY CODE AND COMPILED
LAWS BY AMENDING SECTION 1-11-25, REFUND OF FEES PAID, TO
PROVIDE FOR A 4% ADMINISTRATIVE HANDLING FEE FOR ALL
IMPACT FEE REFUNDS; PROVIDING FOR CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY;
PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION
AND PROVIDING FOR CODIFICATION.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made
the following determinations:
1. On September 19, 1995, the Board of County Commissioners of St. Lucie County,
Florida, adopted Ordinance 95-039, imposing a Libraries Impact Fee in St. Lucie
County.
2. On May 9, 2000 the Board of County Commissioners of St. Lucie County, Florida,
adopted Ordinance 00-002, amending Libraries Impact Fee in St. Lucie County, by
providing for general text revisions and a revised fee schedule, effective October 1,
2000.
3. As part of the review and approval of Ordinance 00-002, the administrative charges
authorized to be retained by the collecting entity were raised from 3% to 4%,
however, there were other sections of Article II Chapter 1-11, Libraries Impact Fee,
that needed to be made consistent with this change that were not subject to the
public hearing reviews previously noticed and advertised.
4. On August 17, 2000, the Local Planning Agency/St. Lucie County Planning and
Zoning Commission held a public hearing on the proposed ordinance after
publishing two notices in The Port St. Lucie News and The Tribune at least ten (10)
days prior to the hearing and determined that the proposed ordinance was
consistent with the St. Lucie County Comprehensive Plan.
Ordinance 00-14fnl
Library Impact Fee
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Page 1
PRINT DATE: 09/19/00
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1 5. On September 6, 2000, this Board held its first public hearing on the proposed
2 ordinance, after publishing a notice of such hearing in The Tribune and the Port St.
3 Lucie News on August 24, 2000.
4
5 6. On September 19, 2000, this Board held its second public hearing on the proposed
6 ordinance, after publishing a notice of such hearing in The Tribune and the Port St.
7 Lucie News on September 7, 2000.
8
9 7. The proposed amendments to Article II, Chapter 1-11, Libraries Impact Fee are
10 consistent with the general purpose, goals, objectives, and standards of the St.
11 Lucie County Comprehensive Plan and is in the best interest of the health, safety,
12 and public welfare of the citizens of St. Lucie County, Florida.
13
14
15 NOW, THEREFORE, be it ordained by the Board of County Commissioners of St. Lucie
16 County:
17
18 Part A. SECTION 1-11-25, ARTICLE II "LIBRARIES IMPACT FEE" OF CHAPTER
19 1-11 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY,
20 FLORIDA, IS AMENDED AS FOLLOWS:
21
22
23 Section 1-11-25. Refund of Fees Paid.
24
25 A. If a building permit or an electrical permit for a mobile home park or recreational
26 vehicle park expires and no construction has been commenced, then the feepayer,
27 his heirs, successors or assigns, shall be entitled to a refund of the impact fee paid
28 as a condition for its issuance except that the county shall retain thrcc perccnt (3%)
29 four percent (4%) of the funds as an administrative fee to offset the costs of
30 refunding.
31
32 B. Any funds not expended or encumbered by the end of the fiscal year immediately
33 following then (10) years from the date the libraries impact fee payment fee
34 payment was received shall, upon application of the current owner within one
35 hundred eighty (180) days of the expiration of the ten (10) year period, be returned
36 to the current owner with interest at the rate of six percent (6%) per annum.
37
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Ordinance 00-14fnl Page 2
Library Impact Fee PRINT DATE: 09/19/00
•
PART B. CONFLICTING PROVISIONS.
•
Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie
County, County ordinances and County resolutions, or parts thereof, in conflict with this
ordinance are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance.
If this ordinance or any provision thereof shall be held to be inapplicable to any person,
property, or circumstance, such holding shall not affect its applicability to any other person,
property, or circumstance.
PART D. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable throughout St. Lucie County's jurisdiction, including the
incorporated areas even in the absence of interlocal agreements with the affected
municipalities.
PART E. FILING WITH THE DEPARTMENT OF STATE.
The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to
the Bureau of Administrative Code and Laws, Department of State, The Capitol,
Tallahassee, Florida 32304.
PART F. EFFECTIVE DATE.
The Amendments to Section 1-11-25 shall become effective October 1, 2000.
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Ordinance 00-14fnl
Library Impact Fee
Page 3
PRINT DATE: 09/19/00
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41 0
PART G. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chairman John D. Bruhn
AYE
Vice Chairman Frannie Hutchinson
AYE
Commissioner Paula Lewis
AYE
Commissioner Cliff Barnes
AYE
Commissioner Doug Coward
AYE
PART H. CODIFICATION.
Provisions of this ordinance shall be incorporated in the St. Lucie County Code and
Compiled Laws, and the word 'ordinance" may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to
accomplish such intention; provided, however, that parts B through H shall not be codified.
PASSED AND DULY ENACTED this 19th day of September, 2000.
ATTEST:
BOARI
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Ordinance 00-14fnl
Library Impact Fee
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PRINT DATE: 09/19/00
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APPROVED AS TO FORM AND
CORRECTNESS:
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OR00-14fnI(IM PACT2000)
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Ordinance 00-14fnl Page 5
Library Impact Fee PRINT DATE: 09/19/00
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