HomeMy WebLinkAboutO-1985-046 i
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ORDINANCE NO. 46-85
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, AMENDING
OF ORDINANCES OF THE CITY OF
CHAPTER 28 OF THE 1980 CODE
DANIA BY ADDING SECTION 9 .31 ENTITLED "FIRE PUBLIC
SAFETY FACILITIES FEE" ; PROVIDING FOR DEFINITIONS ;
PROVIDING FOR RATES; 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 ORDINANCES OR PARTS OF ORDINANCES AND
ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND
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PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS , the present fire public safety facilities of the City Of
Dania, Florida , are operating at full capacity and they are presently
providing adequate fire protection and fire public safety services to
the City of Dania; and
WHEREAS , there have been increasing demands on the City for
issuance of building permits for 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 fire public safety facilities of the City, none of such
increase constituting additional services to presently existing
residents of the City; and
Commission finds that it is necessary to provide
WHEREAS , the City
{ additional fire public safety facilities which shall be required by the
f construction activities within the
continuing growth and development o
City, these facilities being in the nature of capital improvements to
the City' s fire public safety facilities such as land , buildings ,
equipment and vehicles; and
Commission desires to establish an equitable
WHEREAS , the City
way
for making these capital improvements to meet the demands of new
construction and for providing that the money collected for these
will be used for no other purpose; and
capital improvements
WHEREAS , the City Commission finds that it is equitable for the new
construction creating the increased demand for fire public safety
facilities to contribute directly to their funding rather than placing
such increased burden on the presently existing City residents; and
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WHEREAS, the City has conducted a study to determine the proper
amount for such fee based upon projected construction and fire
capital needs to serve such new construction;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1. That Chapter 28 of the Code of Ordinances of the
City of Dania is hereby amended to create Section 9. 31 to read as
follows:
"Section 9. 31 . Fire Public Safety Facilities Fee
As a condition of the issuance of a certificate of occupancy
following the initial construction of or substantial recon-
struction 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 Fire Public
Safety Facilities Fee as is set forth hereinbelow. The only
exception for the payment of such fee shall be for additions to
existing residential structures not creating another dwelling
unit.
A. Unless the context specifically indicates otherwise the
meaning of terms used in this section shall be as follows:
1 . 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.
2. I_nstitutional 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) .
3 . Fire Public Safety Facililitiesties Ca ital Improvements
The land, building , faci , vehicles and equipment
necessary for the Fire Department of the City of Dania
to provide fire fighting and fire protection services
to the public.
B. Amount of Fee. The Fire Public Safety Facilities fee to be
paid prior to issuance of a building permit or any other
development permit or certificate of occupancy shall be as
follows:
1 . Single Family detached dwelling - $ 50.00 per unit.
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2. Multiple-Family:
a) One story - $30. 00 per unit
b) Two story - $40. 00 per unit
c) Three story - $60. 00 per unit
d) Four story - $80. 00 per unit
e) Five story - $100. 00 per unit
f) Six story - $120. 00 per unit
g) Seven story - $140.00 per unit
3 . Commercial Structures:
a) One story - . 0093 per cubic foot
b) Two or more stories - . 01 per cubic foot
4 . Industrial/Warehousing Structures - . 01 per cubic foot
5. Public Assembly/Institutional Structures - . 01 per
cubic foot
C. Refunds and Fee for Special Needs. Refunds of Fire Public
Safety Facilities fees paid hereunder may be allowed upon
application therefor when it is determined that no
construction has occurred and the building permit issued
for such construction has expired or otherwise been
cancelled.
In the event that any structure has special fire safety
needs because of size or type of construction or the use
thereof, a special Fire Safety Facilities Fee shall be paid
to the city. Said fee shall be an amount necessary to
permit the acquisition of any equipment or other capital
asset necessary for the safe provision of fire protection
services to the structure. Such fee shall be in addition
to any other fee imposed hereunder and shall be paid prior
to the issuance of a building permit for such structure.
Alternatively , the owner or developer of such construction
may provide to the City the piece of equipment or capital
assets as determined to be needed because of such
..Y construction.
D. Use of Proceeds. The funds accumulated by reason of the
collection of the Fire Public Safety Facilities Fee shall
be used only for the purchase of fire capital improvements
consisting of land, building, vehicles and equipment for
fire fighting and fire protection services necessary for
the protection of the public.
E. Trust Funds Established. All fire Public Safety Facilities
Fees received by the City shall be deposited in an
appropriate trust fund hereinafter referred to as the "Fire
Capital Improvement Trust Fund" to be held separately and
to be used only for the purposes referred to in paragraph D
above. Funds from this Trust Fund may be disbursed in the
customary manner in accordance with appropriate law and
with the added requirement that the disbursement of such
funds shall require the written approval of the City
Manager upon a finding that the fire capital expenditure is
in accordance with the terms of this section. Any funds on
deposit in said Trust Account which are not immediately
necessary for expenditure may be invested by the City and
all income derived from such investment shall be deposited
in the Trust Fund. The amount of the fee shall be reviewed
by the City Commission in August of every even year in
order to determine if the current fee is in an appropriate
amount. Any funds received from the Fire District revenues
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relative to capital expenditures from the Fire Ca
pital
Improvement Trust Fund will be deposited in said Trust
Fund.
F. Any occupancy not required under the current Fire
Prevention Code to have a fire protection sprinkler system,
may have the Fire Public Safety Facilities Fee waived upon
application for such waiver, if a sprinkler system meeting
either NFPA 13 , 13A or 13B standards is installed in the
structure.
Section 2. 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 3. That this ordinance shall be in force and take
effect immediately upon its passage and adoption.
PASSED and ADOPTED on First Reading on this 24th day of
September 1985.
PASSED and ADOPTED on Second and Final Reading on this 8th
day of October 1985. 7
MAYOR' - COMMISSIONER!
ATTEST: / / l p
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CITY CLERK - AUDITOR
APPROVED FOR ,FdORM AND CORRECTNESS
By:f C °
FRANK C. ADLER, CITY ATTORNEY
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NOTICE OF HEARING BEFORE
i - CITY COMMISSION
flTv OF DANIA, FLORIDA.
j 1 REO
! LO THE
THE SUN-TATTLER FOLLLOWINGWING ON PRRF OPOSED
ORDINANCE'.
NOTICE IS HEREBY LIVfY rr
°Bs oI 5.00 p.m. 0 tom
Established as The Hollywood Sun - January 4, 1935 e,�eo:o.11�edu l A'waJ
'HOLLYWOOD, BROWARD COUNTY, FLORIDA neIV.eP .
the ryO .p u, ,t
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AN ORDINANCE OF TIIECI
OF DAN0.FLORIDA.AAIE
STATE OF FLORIDA PIG CHAPTER ep OF THE I
COUNTY OF BROWARD THE OF ORDINANCES OF
THE CITY OF DANIA By ADD'
ING SECTION ,.Bl' ENTITLED
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Before the undersigned authority personally appeared Julie Bates TIES
nIC SAFETY G+cOR
JIEF�l1Pif10M5:PROVIDING FDP
Classified Manager R0.T J- PROVIDING FOR TE
who on oath says (he/she) is TIME OF PAYMENT; MOVr
MG FOR THE USE OF PROF
of THE SUN-TATTLER, a dailynewspaper ublished at Hollywood in Broward CEapk"OVIDRIG FOR THE
p } STABLISHMENT OF A TRUST
FUND FOP AIONIE5 COLLECP
Notice O;PROVIDING TUT ALL
County, Florida; that the attached copy of advertisement, being a DI,:ANCES DR P+RTS DF DA.
O.NANCES AND AL,
Of Hearing PFsol urrods I C IS ,
rF SOI.0 TIDN5 IN CONFLICT
IIFRE WITH BE REPEALED TC
City of Dania 'HE E TENT DF 1 11 1
in the matter of rl I E AND PA
D ATF cop
GN EFFECTIVE DATE
a core r, mn p,wo,le
.o"me, Nr o mr n•
in the COMM, Room n. ar,w utv Hr,c a
Sept. 27N 1985 ,, D°mn IN.
IF CIFIo.F
was published in said newspaper in the issue of .° FI«I
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Affiant further says that the said SUN-TATTLER is a newpaper published at Hollywood In Mrtl
rr.,r" .M AT,tle,P on
pen.Onv Oeuson moo°v 1M
said Broward County.Florida,and that the said newspaper has heretofore been continuously Pldnnm, Art. 7enin Pour.
,v COMMIW. WIM r
published in said Broward County,Florida,each week and has been entered as second class m m�Rw«r1.NrgCO°e,,:IX
matter at the post office in Hollywood in said County,Florida,for a period of one year next ,e r o VM r"o 01 o
n, aW,wrpPK 1MV rMn�I
preceding the first publication of the attached copy of advertisement: and affiant further :,,,,,.Vent r yelBpllm eery
nI r A`.tNN ln„ I, mode
says that he has neither paid nor promised any person, firm or corporation any discount, «n,cN,wr,d,,,cwtln me•r,N
env R e1.4. uIT „'n,o
rebate,commission or refund for the purpose of securing this advertisement for publication ", pppepl „„ M mrR
in the s ' newspaper rNY We tatA -
. scot p),'1aB5Ir+H
jSworn to and subscribed fo me
' day .D.I9 0-9'
jfo'ARY PUBLIC
NOTARY NOBLIC STATE OF FLORIDA
(SEAL) I NY CONNISBION EM MAY 15,19C9
BONDED THRU GENERAL M. UND,
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