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HomeMy WebLinkAboutO-1988-026 f i ORDINANCE NO. 26-83 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING CHAPTER 20 OF THE 1980 CODE OF ORDINANCES OF THE CITY OF DANIA BY ADDING ARTICLE V ENTITLED "POLICE PUBLIC SAFETY j FACILITIES IMPACT FEE" ; PROVIDING FOR THE TIME OF PAYMENT; PROVIDING FOR THE USE OF PROCEEDS ; PROVIDING FOR THE ESTABLISHMENT OF A TRUST FUND FOR MONIES COLLECTED; PROVIDING THAT ALL j ORDINANCES OR PARTS OF ORDINANCES AND ALL j RESOLUTIONS OR PARTS OF RESOLUTIONS IN CON- FLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. " WHEREAS, the present police public safety facilities of the City of Dania, Florida, are operating at full capacity and they are presently providing adequate police public safety services to the City of Dania; and i WHEREAS, there have been increasing demands on the City for issuance of building permits for the increased construction for residential premises as well as additional service establishments , commercial enterprises, businesses, industrial developments, public assembly facilities and institutions to serve the increasing number of people using the police public safety facilities of the City, a„ none of such increase constituting additional services to presently existing residents of the City ; and WHEREAS, the City Commission finds that it is necessary to provide additional police public safety facilities which shall be required by the continuing growth and development of construction activities within the City, these facilities being in the nature of capital improvements to the City ' s police public safety facilities such as land, buildings, equipment and vehicles ; and WHEREAS, the City Commission desires to establish an equitable way for making these capital improvements to meet the demands of new 1' a construction and for providing that the money collected for these capital improvements will be used for no other purpose ; and WHEREAS, the City Commission finds that it is equitable for the 's new construction creating the increased demand for police public safety facilities to contribute directly to their funding rather 1 1 A than placing such increased burden on the presently existing City residents ; and WHEREAS, the Planning & Research Division of the City of Dania, Florida, Police Department had conducted a study to determine the proper amount for such fee based upon projected construction and j police capital needs to serve such new construction; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE j CITY OF DANIA, FLORIDA: i Section 1 . That Chapter 20 of the 1980 Code of Ordinances of i j the City of Dania, Florida, is hereby amended by adding Article V thereto which shall read as follows: Article V. Police Public Safety Facilities Impact Fee As a condition of the issuance of a building permit for the initial construction of or substantial reconstruction of a building, the person, firm or corporation constructing such residential , commercial , manufacturing, public assembly or institutional building or addition thereto, shall pay to the ° City of Dania, in advance, the Police Public Safety Facilities Impact Fee as is set forth herein below. Additions to existing residential structures not creating another dwelling unit shall be exempt from the provisions of this Article. i A. DEFINITIONS . r For the purpose of this ordinance, certain terms and words are hereby defined. Words used in the present tense shall include the future ; the singular number shall include the plural , and the plural the singular; said definitions are as follows : a Residential dwelling unit. A building or portion thereof designed or used exclusively for residential occupancy by one family. Public Assembly Unit or Building Public assembly unit or building shall be the types of buildings used for the gathering together of persons for purposes such as civic, social or religious functions or for recreation or for food or drink consumption or for awaiting transportation . Public assembly buildings shall include, among others, the following: auditoriums, churches, gymnasiums, restaurants, motion picture theaters, museums, passenger depots, public assembly halls, recreational halls, stadiums and theaters. Institutional Units or Buildings A structure occupied by a group, cooperative, board, agency, or organization created for the purposes of carrying on functions of a public or semi-public nature, such as hospitals or schools, or congregate care living facilities (unless separate dwelling units are occupied having cooking and separate bathroom facilities ) . i Capital Improvements. The term capital improvements shall mean the construction of new facilities, enlarging, expanding or otherwise altering or modifying existing 2 #z 1 i r � � j F7 i facilities to increase such structures to meet the increased demands thereon caused by and directly related to j additional growth by way of growth in improvements to real property and population, the costs of which shall include i the purchase of land and architectural , engineering , legal and other professional fees directly related to such capital improvements , but shall not include operational or maintenance costs of the facilities. The term shall also mean vehicles and other equipment, but shall not include the operational or maintenance thereof . B. IMPOSITION OF CHARGES. There is hereby assessed, charged , imposed and enacted Police Public Safety Facilities Impact Fees which fees ' shall be assessed as follows : 1 . Residential Dwelling Units: $60 per unit 2. Commercial , industrial and institutional structures : $0. 09 per square foot of floor space C. PAYMENT. The foregoing assessments shall be paid to the city at the time the building permit is issued. If an owner or developer files a written request with the building official that the payment of the above-stated impact fees at the time the building permit is issued would create a severe hardship, then, in that event, said payments may be �i deferred until the final certificate of occupancy is issued provided that such request for deferment is first approved by the city commission. I D. DISPOSITION OF CHARGES OR ASSESSMENTS . All charges or assessments collected by virtue of this ordinance and any interest earned thereon shall be deposited in a special and separate trust account to be designated as "Police Public Safety Facilities Impact Charges Capital Improvement Account" , and expenditures from said special account shall be restricted to the { acquisition, and/or construction of capital improvements to the City's police and public safety facilities and the remodeling or enlargement of existing facilities and the equipping of same, all of which being directly related to the expansion of said facilities necessitated by the impact of new construction and additional population. In addition to the foregoing, said funds may be expended for retirement of loans and/or bonds that may be issued to finance the capital improvements herein contemplated. Further, said funds may be expended for architectural, engineering, legal and other professional fees and expenses related to said improvements or to this account . The expenditure from the above said account of any sums for maintenance, repairs, salaries or other non-capital or non-capital related items is expressly prohibited. Each and every expenditure of funds from this account shall be made only with the written approval of the city manager who shall certify that the expenditure is in agreement with the restrictions herein contained and imposed . Section 2. The provisions of this ordinance shall be included in and incorporated in the Code of Ordinances of the City of Dania, i j Florida, as an addition or amendment thereto, and shall be 3 17 appropriately renumbered to conform to the uniform system of the code. Section 3. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict . Section 4 . That this ordinance shall be in force and take j effect immediatel on u its y p passage and adoption. PASSED and ADOPTED on First Reading on the loth day of May 1988. PASSED and ADOPTED on Second and Final Reading on the 24th day of May 1988. r -'9 ATTEST: MAYOR - COMMISSIOeER i CITY CLERK-AUDITOR i ,.. APPROVED FOR FORM AND CORRECTNESS i BY: Frank C. Adler, City Attorney i ORDINANCE No . 26-88 I _ 1 i 4 BEFORE CITY COMMISSION CITY OF DANIA, FLORIDA REGARDING ADOPTION OF THE FOLLOWING THE SUN-TATTLER NDT ORPROPOSD DINANCE IS S GIV EN that Ine Clly CommlY Sion For The Cily of Damn. Established as The Hollywood Sun - January 4, 1935 FloridaIT N ,o ;24, Hall.1 HOLLYWOOD, BROWARU COUNTY, FLORIDA hea a Wu oa�l,,:oial..0 ne.rino in In.Cue Commit- .Ian room of Ma Denla Cue Han, IN IN I Danb Been Baulegr0. D.nle, rid A le C."'ptl Ine Or.nOSea aao011on On Second and line STATE OF FLORIDA rUa41R Of 'he ordinance. ANIORf)INANCE OF THE COUNTY OF BROWARD CITY OF DANIA, FLORI- lack D. Pate DA, AMENDING CHAP- Before the undersigned authority TER Jd OF THE Ieae B y personally appeared CODE OF ORDINANCES OF THE CIT who on oath says (he/she) is Advertising Sales Manager BY AD DI NIA NG YOF OF DANIA Y 0 O ENTITLED POLICE PUBLIC SAFETY FACILI' of THE SUN-TATTLER, a daily newspaper published at Hollywood in Broward TIES IMPACT NE PROVIDING FOR IHE TIME OF PAYMENT. County, Florida; that the attached copy of advertisement, beinga PROVIDING FOR THE USE Of PROCESS, PRO. VIDING FOR THE ESTAD- Noticf of Hearin! Before City Commission MENT OF A TRUST FUND FOR MONIES COL? LECTED, PROVIDING THAT ALL ORDINANCES Cityof Da OR PARTS OF ORDI- NANCES the matter Of _- Dania NANCES AND ALL RESO. LUTIONS OR ON SPARTS OF 100 W. Dania Beach Blvd, ca FLICT HEREWITH ERE IN <oN- in the lA Ie(jX R EPEALEOTOWTHE EX TENT OF SUCH CON was published in said newspaper in the issue of FLICT: AND PROVIDING FOP AN EFFECTIVE y May 13, 1988 DATE, AN ORDINANCE OF THE CITY OF DANIA, FLORI Affiant further says that the said SUN-TATTLER is a newpaper published at Hollywood in TIONS DA,REGUL TINGAUC A r`r- said Broward County,Florida,and that the said newspaper has heretofore been continuously EERS; cE OVI INeGYo CA OR published in said Broward County, Florida,each week and has been entered as second class `TTION O ICCENFOR JUD PR AL matter at the Post office in Hollywood in said County.Florida, for a period of one year next FOR' LIN SE PROVIDING S, preceding the first publication of the attached copy of advertisement: and affiant further TROY 0 No FOREXC BOND, O o i nor promised an TO JUDICIAL SALES says that he has neither paid . P P y person, firm or corporation any discount, PROVIDING IENALITIES rebate,commission or refund for the purpose of securing this advertisement for publication SIGN IN CITY CODE:PRO- INCLU trlgE said new•spa per VI°ING FOR DI VERTHAT U-•jf(p.._ ITV: PROVIDING THAT t ALL ORDINANCES OR �A•S�N PARTS L ORDINANCES Y•' AND ALL RESOLUTIONS OR PARTS OF RESDLU- TIONS IN CONFLICT HEREWITH BE RE. PEALED TO THE Ex- J Sworn to and subscribed before me TENT OF SUCH CON- FLICT; AND PROVIDING FOR AN EFFECTIVE (J d this_�3 day of 0I t-' A.D. I9 DATE. AN ORDINANCE OF THE CITY OF DANIA, FLOW. DA, AMENDING CHAP- . NOTARY f TER T, ARTICLE IV OF r!C PUALIC SLATE V F'(­ ' THE DE OF ORDI- NANCES T CITY OF (SEAL) tlY CDral$IMI EXP. Y-1, -,j DANIA, FLORIDA ENTI. TLED"CODE ENFORCE. '.L 8011DED 1HRU GENERAL AS. C!J. MENT BOARD" AS EN- ACTED ! NO By I ON NOVEMBE4 SS . BV (ORDINANCE No. JOS ' ON CFECEMBER 12. IN], AMENOMOMPLYNY$WITH TTO • - CHAPTER If] FLORIDA - STATUTES {HAT RE- LATE TO METHOD OF NOTICE, CONDUCT OF - HEARINGS AND ADMIN. _ ISTRATIVE FINES AND THAT'ALL ORDINANCES OR PARTS OF pRRDI- NANCESLUTIONSANO OR PARTS OF RESOLUTIONS IN CON- ' FLICT HEREWITH BE REPEALED TO THEE E TENT OF SUCH CON- , - FLICT; AND PRppVIDINpp FOR AN HFFYCTIVE . - - DATE. a D.N.e el AN,w pNre.Ine eNthe,e1NIPITf e Nile ON,Clark.CITY Na0 100 WMI D.Na BNtn • Bad le., Deno. Fle",ona be and mar a Mm ae ar - ON FURIN 111IHM INrmal .aafel NN101 .61.11e eerll.S m.r a Nef.I IM "Ord w meO- Speon, and M Mare wen re- ANY la PERSON pladdlad WHO ANY PERSON CODES TO APPEALEAL ANY DECISION MADE BY THE FLANKING AND ZONING - 10ARD OR CITY CON. r SSION WITH ERRESPECT ON. ��HR •¢ T. ����..a••.�. 5.,,. l ANY MATTER CON. q'^ � (�SriC yX'..4.y1 '!. tf? r `It�i%v r` ,, y�`�y,L���, �nA- NH ON HEARING WILL . . ! Iv_. • y la Y PLYA :#� l TiIT'S1y' a{ T+{ ,]3�Oif•,.,tl,�r; NEED A RECORD OF �A11NO FOR SUCH PU POSE CTNAT AH VHMATIM ENSURE r 1.' .. I p CQQT'1r�BEF8 NOH IB l' TH`��f ADH ■ T TIMO- ++{{c UNMNA SYNKe1VTH ENAP a:i'7a7`NJ � j {NJ1i�1c,�1i.7++2CiL..veD`.Arr. •') ��rti..!..: 1,.,.> •..w..r�L.'s, :i :i11 Wi TO NM OE. L J POLICE DEPARTMENT CITY OF DANIA INTER OFFICE MEMORANDUM TO: Chief Thivener FROM: Sergeant Kronus RE: IMPACT FEE DATE: 25 MAR 88 ----------------- Attached please find the proposed copy of the POLICE PUBLIC SAFETY FACILITIES FEE ORDINANCE. The fees for both residen- tial and non-residential structures were obtained from an extensive research of Departmental and City records, in which the following information was either collected or analyzed : 1. CAPITOL ASSET INVENTORY of Dania Police Depart- ment building's, vehicles, furniture, and all other equipment. ($982,759.95) 2. The NUMBER of existing RESIDENTIAL UNITS and total SQUARE FOOTAGE of NON-RESIDENTIAL struc- tures in the City of Dania. (7,069 residential units; 5,178,364 square feet of non-residential structures) 3. PERCENTAGE of police RESPONSES and SERVICE to RESIDENTIAL and NON-RESIDENTIAL (commercial ) customers, and "OTHER" customers. "Other" customers are those that do not live or do business in the City. "Other" category also pertains to responses and service that do not directly apply to residential, commercial , or other customers. (EXAMPLE: Special police assignments and miscellaneous police details . ) (42.3% residential; 46.9% non-residential; and 10.8% other) L� Then, using the data gathered, a formula (capital asset inven- tory multiplied by the percentage divided by unit measurement) was applied to establish the impact fee amount to the develop- er of new growth with results as follows : $982, 759. 95 x 42. 3% --------------------- - $58. 8/residential unit 7,069 $982, 759. 95 x 46. 9% --------------------- - $. 09/non-residential sq. ft. 5, 178,364 The resulting figures correlate as the cost to provide total police capital service to each existing residential and non- residential development within the City of Dania. The "other" response catagory cannot be charged to either new residential or non-residential developers and must be absorbed by the existing tax base. PK/gtm Attachments i J F: SCHEDULE W TO IMPACT FEE ORDINANCE ASSUMPTIONS AND FINDINGS OF FACT 1. The City now has capital assets in the Police Department worth $982,759.95. 2. The City now has 7,069 residential units. 3. The City now has 5,178,364 square feet of non-resident- tial construction. 4. The present ratio between residential and non-resident- tial use of each service is as follows: RESIDENTIAL NON-RESIDENTIAL OTHER 42.3% 46.9% 10.8% 5. The present capital investment per residential unit in ,. the Police Department is $58.81. 6. The present capital investment per square foot of non- residential construction in the Police Department is $.09. - 7. There is at least a linear relationship between new con- struction and the increase demand for police services and by extention the capital facilities and equipment needed to provide these services. 8. Impact fees imposed by this ordinance are necessary to - supplement the funds needed to maintain the existing level of capital facilities and equipment needed to pro- vide police services as a result of the impact from new construction. 9. Impact fees on residential construction are best imposed on a unit basis while those on non-residential construc- tion are best imposed on a square footage basis. 10. Impact fees on residential construction are best rounded to the nearest $5.00. 11. The impact fee on non-residential construction are best rounded to the nearest tenth of a cent. 12. The service demands of each of the various types of resident units are not so different as to necessitate different impact fee rates for each type. 13. The service demands of each of the various types of non- residential construction are not so different as necessitate different impact fee rates for each type. _, __ .