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HomeMy WebLinkAbout2015-011ORDINANCE NO. 2015- oil AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 201.09.1) "IMPACT FEES" OF CHAPTER 201, COUNTY WATER AND SEWER SERVICES, OF THE CODE OF INDIAN RIVER COUNTY TO PROVIDE UNDER CERTAIN CIRCUMSTANCES THAT THE DEPARTMENT OF UTILITY SERVICES OF INDIAN RIVER COUNTY MAY REDUCE THE INTEREST RATE WITH REGARD TO IMPACT FEE LOANS, AND PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, section 201.09.1) of the Code of Indian River County allows for impact fee financing with the interest rate to be determined by the Board of County Commissioners; and WHEREAS, in January of each year the Board of County Commissioners adjusts the fixed interest rates charged by the County for financing, among other things, utility impact fees; and WHEREAS, County policy has been to set the interest rate equivalent to the prime interest rate as published in the Wall Street Journal and other financial news outlets, with the exception that the rate will not be set lower than 5.75% for County financing; and WHEREAS, in the past ten years the interest rates set by the Board have been higher than they are currently, causing hardship for some customers who financed during those years and who have not yet fully paid their impact fees; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of promoting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is not inconsistent with general or special law, and is necessary and appropriate to promote the health, safety and welfare of the residents of Indian River County. Section 2. Findings. The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board. 1 ORDINANCE NO. 2015- 011 Section 3. Amendment of Section 201.09D, "Impact Fees" of the Code. Section 201.09D of the Code of Indian River County, Florida, is hereby amended to read as follows (new language indicated by underline, and deleted language indicated by str4keth foug ): "D. Time payment of'impact fees upon showing of hardship. The county may allow payment of the water and/or sewer impact fees in whole or in part over a period not to exceed five (5) years at such interest rate to be determined by the board. This period may be extended to ten (10) years if the applicant can successfully demonstrate to the department that all other funding sources have been exhausted and provided the department does not have a cash flow problem. In cases where private communities are served by a private package water system and the private package water system has been formally declared in violation of acceptable water quality standards by the Florida Department of Environmental Protection and the private community is requested to connect to the county water system, the county, at its sole option, may allow for a connection to the county water system. Under the foregoing circumstances, the private community will be required to pay the current related water system impact and water hook up fees. If the private community can sufficiently demonstrate, to the reasonable satisfaction of the county, that the unforeseen payment of these impact and water hook up fees are a financial burden, and that all other funding sources have been exhausted and provided the department does not have a cash flow problem, the county may allow the financing of these charges for a period of up to twenty (20) years. A superior lien for any such amounts due shall be executed in recordable form reflecting the payment schedule and may be filed in the public records of Indian River County, Florida. Upon all payments being made in full, the lien shall be released of record. On any loan provided under this section, the department may reduce the interest rate to the currently approved annual interest rate charged by the County only if at least ten (10) percent of the outstanding_ principal of the loan is paid and after twenty-four (24) consecutive months of satisfactory payments." Section 4. Severability. If any portion of this ordinance is held or declared by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance, which shall remain in full force and effect. Section 5. 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 The Code of Indian River County, and that the sections of this ordinance may be renumbered or relettered, and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intention. ORDINANCE NO. 2015- oil Section 6. Effective Date. This ordinance shall become effective upon enactment by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the 1 Pt. f,_ day of August , 2015 for a public hearing on the 18th day of August, 2015, at which time it was moved for adoption by Commissioner o Bryan and seconded by Commissioner z„rc , and adopted by the following vote: Chairman Wesley S. Davis Vice Chairman Bob Solari Aye Commissioner Joseph E. Flescher Aye Commissioner Tim Zorc Ayes Commissioner Peter D. O'Bryan Aye The Chairman thereupon declared this Ordinance duly passed and adopted this 18th day of August, 2015. INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Attest: Jeffrey R. Smith Clerk of and Com er By B eputy Clerl ..Goti�Missio�V..esley S. DKis, C airman Approved as to form and legal sufficiency Cj ' By an Reingold, County Attorney i •• `off • O•.., i •qy�R/ ..... Ott(;;••. ..�• VER C.�., EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the day of , 2015.