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Home My WebLink About00-31e • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1' 7 � 8 �9 O. �2 3 2i 4 �5 26 7 �8 2 9 �o 312 31 3 334 5 r� 3 6 d ORDINANCE NO. 00-031 AN ORDINANCE AMENDING, ARTICLE I, CHAPTER 1-7.9, FIRE/EMS PROTECTION IMPACT FEE, OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS BY AMENDING SECTION 1-7.9-13, USE OF FUNDS, TO PROVIDE FOR A 4% ADMINISTRATIVE HANDLING FEE; 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 May 9, 2000, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance 00-003, imposing a Fire/EMS Protection Impact Fee in St. Lucie County. 2. Section 1-7.9.13, Use of Funds includes a scriveners error in defining the amount of administrative fee that is to be retained by the collecting entities. 3. 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. 4. On September 6, 2000, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in The Tribune and the Port St. Lucie News on August 24, 2000. 5. On September 19, 2000, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in The Tribune and the Port St. Lucie News on September 7, 2000. Ordinance 00-031fnl Fire/EMS Protection Impact Fee Underline is for addition Etrilcc Through is for deletion Page 1 PRINT DATE: 09/19/00 1 6. The proposed amendments to Article I, Chapter 1-7.9, "Fire/EMS Protection Impact 2 Fee" are consistent with the general purpose, goals, objectives, and standards of 3 the St. Lucie County Comprehensive Plan and is in the best interest of the health, 4 safety, and public welfare of the citizens of St. Lucie County, Florida. 5 6 7 NOW, THEREFORE, be it ordained by the Board of County Commissioners of St. Lucie s County: 9 10 Part A. SECTION 1-7.9-13, OF ARTICLE I "FIRE/EMS PROTECTION IMPACT 11 FEE" OF CHAPTER 1-7.9 (FIRE PROTECTION) OF THE CODE OF 12 ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS AMENDED AS 13 FOLLOWS: 14 15 Section 1-7.9-13. Use of Funds. 16 17 A. The funds collected by the county and municipalities located therein shall be 18 remitted at least monthly to the St. Lucie County Fire District. The collecting 19 governmental unit shall be entitled to up to but not more than 3-Qk four percent (4%) 20 of the funds collected to compensate the entity for the administrative expense of 21 collecting and administering the Fire/EMS Protection impact fee ordinance. All 22 remaining funds collected from Fire/EMS Protection impact fees shall be used solely 23 for the purpose of capital improvements to the County's Fire/EMS Protection 24 Facilities and Equipment and not for maintenance or operations. Land acquisition 25 and improvements shall be of the type made necessary by the County's growth and 26 development. 27 28 B. Each January the St. Lucie County Fire District shall present to the Board of County 29 Commissioners a proposed capital improvement program for public building and 30 facilities, assigning funds, including any accrued interest, from the Fire/EMS 31 Protection Impact Fee Trust Fund to specific Fire/EMS Protection improvements 32 projects and related expenses. Monies, including any accrued interest, not 33 assigned in any fiscal period shall be retained in the same Fire/EMS Protection 34 Impact Fee Trust Fund until the next fiscal period except as provided by the refund 35 provisions of this ordinance. Funds shall be deemed expended in the order 36 received. 37 Underline is for addition Ctrikc Through is for deletion Ordinance 00-031fnl Page 2 Fire/EMS Protection Impact Fee PRINT DATE: 09/19/00 C. The St. Lucie County Board of County Commissioners and the Fire District will enter appropriate interlocal agreements between or among themselves and the governing bodies of the municipalities in the County to provide for the collection of fees imposed and to ensure proper use of the funds collected pursuant to this article. ***********A1k*A1k*lk************** 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 applicabilityto 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. Underline is for addition Ctrihc Through is for deletion Ordinance 00-031fnl Page 3 Fire/EMS Protection Impact Fee PRINT DATE: 09/19/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 PART F. EFFECTIVE DATE. This Ordinance shall become effective October 1, 2000. 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 Cliff Barnes AYE Commissioner Doug Coward AYE Commissioner Paula Lewis 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 releftered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this 191h day of September, 2000. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Underline is for addition CtrikC Through is for deletion Ordinance 00-031fnl Page 4 Fire/EMS Protection Impact Fee PRINT DATE: 09/19/00 C3 C3 LA -v m to r_n F- 1 BOARD OF COUNTY COMMISSIONERS 2 ATTEST: ST. LUCIE COUNTY, FLORIDA 3 4 5 6 '.. 7 �� BY: 8 UTY CL RK CHAIR F �, 10 �a� it ��i �} �✓t �a� 4 12 ' 13 14 15 tic;'`' APPROVED AS TO FORM AND 16 << CORRECTNESS: 17 18 19 20 21 NTY ATTORNEY 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 OR00-31H(IMPACT2000) 44 DJM — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Underline is for addition Ctrikc Through is for deletion Ordinance 00-031fnl Page 5 Fire/EMS Protection Impact Fee PRINT DATE: 09/19/00 CD 7j o_E c:) La Lit f" M m N3