Fort Walton Beach Ordinance — 2047--Water Wasterwater Impact Fees Reduce 75% inside City, Waive 100% outside — reading text

EADING DATE 1st ORDINANCE 2047 2nd AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT BEACH, FLORIDA, PERTAINING TO WATER AND WALTON WASTEWATER IMPACT AND CONNECTION FEES, REDUCING THE IMPACT FEES FOR PROPERTIES LOCATED WITHIN THE BY 75% INCORPORATED AREAS OF THE CITY OF FORT WALTON BEACH AND WAIVING UP TO 100% OF THE NORMAL IMPACT FEES FOR PROPERTIES VOLUNTARILY ANNEXING INTO THE CITY LIMITS OF THE CITY OF FORT WALTON BEACH FOR A PERIOD OF TWO YEARS; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: WHEREAS, Chapter 163, 31801 of the Florida Statutes governs impact fees by providing the intent, minimum requirements and changes; WHEREAS, the City Council has, in previous years, found it beneficial for economic growth within the City limits and to entice voluntary annexation of properties into the City to waive a portion or all of the water and wastewater impact fees; WHEREAS, on January 28, 2020, City Council adopted Ordinance No. 2021 to extend the 75% water and wastewater impact fee reduction for one ( 1) additional year for eligible properties located within the City limits; WHEREAS, on August 11, 2020, City Council adopted a new five ( 5) year utility rate study and new methodology and analysis for calculating the City' s water and wastewater impact fees; WHEREAS, at the October 27, 2020 City Council meeting, City Council directed the City Manager to bring back an ordinance to address future water and wastewater impact fee reductions; and WHEREAS, the City Council finds that, for a limited time, a reduction of water and wastewater impact fees for properties within the City limits and a waiver of water and wastewater impact fees for those properties voluntarily annexing into the City limits does assist with development, redevelopment, and expansion in or around the City which provides a public benefit. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA: Section 1. Authority and Intent The authority for enactment of this ordinance is contained in Chapter 166.021, 163. 3202, and other provisions of the Florida Statutes and Section 2 of the City Charter. Section 2. Reduction on the Rate and Waiver of Water and Wastewater Impact Fees The collection of water and wastewater impact fees as set forth in Chapter 10. 54 of the City of Fort Walton Beach Code of Ordinances and the City of Fort commencing two ( 2) Walton Beach on Comprehensive Fee Schedule is reduced by 75% for a period of years the adoption date of this ordinance. The reduction of these fees is applicable only to properties currently located within the incorporated limits of the City of Fort Walton Beach. The collection of water and wastewater impact fees as set forth in Chapter 10. 54 of the City of Fort Walton Beach Code of Ordinances and the City of Fort Walton Beach Comprehensive Fee Schedule is waived up to 100% for a period of two ( 2) years commencing on the adoption date of this ordinance. The waiver of these fees is applicable only to properties voluntarily annexing into the incorporated limits of the City of Fort Walton Beach. The waiver only applies to the normal impact fees associated with the calculation of Equivalent Residential Connections ( ERCs) based on the use or demand of the property and does not include any water and/ or wastewater system expansions required to serve the property annexing into the City of Fort Walton Beach. Section 3. Review of Ordinance Staff will review the fiscal impact of this reduction with the City' s utility rate consultant on an annual basis and will report to City Council if any change is necessary. Section 4. Severability In the event any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of City Council that such invalidity shall not affect any other provisions of the Ordinance which may be given effect without the invalid provision or application and, to this end, the provisions of this Ordinance are declared severable. Section 5. Effective Date This Ordinance shall take effect immediately upon adoption on second reading by City Council and signature of the Mayor. a Adopted: Tanu4t ale t o t Richard A. Rynearson, ayor Approved for form, leg. sr Attest: ty a ar. ! ykes, Jr., Kim M arnes, City Clerk A: WALT% 40 J: Ot' FLO%