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HomeMy WebLinkAbout2008-013ORDINANCE NO. 2008- 013 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF INDIAN RIVER COUNTY SECTIONS 214.02, 214.05 AND 214.06, STATE ROAD 60 INTEREST SHARE FEE; TO PROVIDE FOR APPROVAL OF CHANGES TO THE TECHNICAL MEMORANDUM; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Indian River County Code Chapter 214 is known as the "State Road 60 Interest Share Fee Ordinance"; and WHEREAS, the Florida Department of Transportation (FDOT) is planning to expand State Road 60 from four to six lanes between 66th Avenue and 1-95; and WHEREAS, the County by resolution has agreed to enter into an Advance Construction Agreement with FDOT to provide for the advance construction of State Road 60 expansion, conditioned upon the advancement of their cost of construction by the County; and WHEREAS, the purpose and intent of this ordinance is to provide a method for the County to recapture the amount of interest lost when the County advances funds to FDOT to move the expansion of State Road 60 forward on the FDOT's five year Transportation Improvement Program and WHEREAS, the County estimated the cost of construction of the State Road 60 segment from 66th Avenue to 82nd Avenue to be $38,000,000 but more recent estimates now project the cost of construction to be $23,833,362.00; and WHEREAS, the County estimated the cost of construction of the State Road 60 segment from 82nd Avenue to 1-95 to be $30,000,000 but more recent estimates now project the cost of construction to be $15,400,000 and WHEREAS, due to the change in construction cost estimates, the Technical Memorandum incorporated by reference into the State Road 60 Interest Share Fee Ordinance must be changed to reflect the modified cost and interest projections; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that SECTION 1. AMENDMENT. 1 F:\Attorney\Bill\Ordinance Amendments\State Road 60\amended ordinance.doc ORDINANCE NO. 2008- 013 Sections 214.02, 214 05 and 214.06 of the Indian River County Code are hereby amended to read as follows: Section 214.02 Definitions. When used in this chapter, the following terms shall have the following meanings unless the context clearly requires otherwise: (a) — (n) no change (o) As used in this article, the term "technical memorandum" shall mean the technical memorandum and any amendments thereto, calculating the State Road 60 Interest Share Fee pursuant to the advance construction agreements incorporated by reference in section 214.04. (p) — (q) no change Section 214.05. Imposition. After the effective date of this chapter, and any amendments thereto the State Road 60 Interest Share Fee shall be imposed on new development occurring within the State Road 60 Radius of Influence within both the unincorporated and municipal areas and shall be collected in the amount imposed, at the time provided and in the manner calculated in section 214.06. Section 214.06. Payment. (a) A State Road 60 Interest Share Fee for each new westbound trip for the segment one improvements and • - • : = : • • : • = :: ! ! = - for each new westbound trip for the segment two improvements is hereby imposed on new development within the State Road 60 Radius of Influence. The amount of the State Road 60 Interest share fee shall be established by resolution of the Board. (b) The. number of new trips to be consumed by each new development of the capacity provided in the segment improvements shall be individually calculated by the director of public works or documented in a new trip generation study performed specifically for new development pursuant to a generally accepted standard traffic engineering methodology approved in advance of the study preparation (c) The total State Road 60 Interest Share Fee to be paid by each new development shall be the number of new Trips so determined multiplied by the charge per new trip for each of the segment improvements as provided in this section individually determined by the director of public 2 Coding Words underscored are additions to text; words in dough format are deletions to text. ORDINANCE NO. 2008-013 works or pursuant to an approved new trip engineering study as provided in this section In the event the new trips so determined result in a fractional new trips calculation under the methodology applied in the first amended technical memorandum, such fractional new trips shall be the factor multiplied by the charge per new trip for each of the segment improvements to determine the applicable total state road interest share fee to be paid. SECTION 2. CODIFICATION. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made a part of the Indian River County Code and the word "ordinance' may be changed to "section,' `article " or other appropriate word or phrase and the sections of this Ordinance may be renumbered or relettered to accomplish such intention; providing, however, that Sections 2, 3 and 4 shall not be codified SECTION 3. SEVERABILITY. If any section, or any sentence, paragraph, phrase, or word of this ordinance is for any reason held to be unconstitutional,• inoperative, or void, such holding shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 4. EFFECTIVE DATE This ordinance shall take effect effective immediately upon its passage and adoption by the Board and filing with the Secretary of State as provided by law. This ordinance was advertised in the Press Journal on the 27th day of June 2008, for a public hearing on the 8th day of July 2008, at which time it was moved for adoption by Commissioner Joseph E. Flescher , and seconded by Commissioner Wesley S. Davis , and adopted by the following vote: Chairman Sandra L Bowden Aye Vice Chairman Wesley S Davis Aye Commissioner Joseph E Flescher Aye Commissioner Peter D. 0 Bryan Aye Commissioner Gary C. Wheeler Aye 3 • Coding: Words underscored are additions to text; words in strikethrough format are deletions to text. ORDINANCE NO 2008- 013 The Chairman thereupon declared the ordinance duly passed this 8th day of July, 2008. INDIAN RIVER COUNTY° Pin*, Attest: J. K. Barton, Clerk by its Board of CountyS*ntiii s1644. Sa Byf:\ By Deputy Clerk • •.. • • • San ra . ow *chairman ;; ,� e• e • Pe F€`1'N Approved as to form and Legal BCC Approved: July 8 Sufficiency: William K DeBraal Deputy County Attorney ACKNOWLEDGMENT by the Department of State of the State of Florida, this 1' day of COL_ , 2008. 4 Coding Words underscored are additions to text; words in format are deletions to text.