3101 ORDINANCE NO. 3101
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, ENACTING
INTO LAW AN AMENDMENT TO ORDINANCE 2046, ESTABLISHING A
RECREATION FACILITIES IMPACT FEE; PROVIDING FOR THE USE
OF THE IMPACT FEES TO UNDERTAKE THE REVIEW REQUIRED BY
THE ORDINANCE OF THE AMOUNT OF THE IMPACT FEES;
PROVIDING FOR SEVERABILITY, CONFLICTS AND EFFECTIVE
DATE.
WHEREAS, the City of Sanford, Florida, desires to amend the
Recreation Facilities Impact Fee in order to utilize the impact fees to
undertake a review of the impact fees; and
WHEREAS, under Section 4 of Ordinance 2046, the City Conunission of
the City of Sanford is required to determine and review Impact Fees at least
every other year; and
WHEREAS, the City Commission of the City of Sanford, Florida, has
determined that it is necessary to utilize the Impact Fee funds in order to
undertake said review of the Impact Fees; and
WHEREAS, the City Commission desires to fund the studies in an
equitable way; and
WHEREAS, the City Commission has the legal authority to utilize
the Impact Fees to expand the service system;
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1: That Section 7(C) of Ordinance 2046 shall be amended
to read as follows:
C. Use of funds: Amounts in each capital expansion trust fund
shall be used only for the purpose contained in the title of such funds and
for no other purpose, except that such funds may be used to undertake a
review of the amount of the Impact Fees in order to determine the need for a
change in the amount of the fees, as provided by Section 7(d). Expenditures
from each shall be specifically approved by the City Commission and shall be
limited to the expansion Or acquisition of capital facilities Or equipment
made necessary by the new construction from which the fees were collected or
for principal payments (including sinking fund payments) on bonds to expand
or acquire such facilities or equipment. Except as provided in (D) of this
Section, before authorizing an expenditure from any one of these trust
funds, the city Commission shall determine that:
(1) Such expenditure is for capital facilities or e~ipment to be
used for the purpose contained in the title of the trust fund from which the
expenditure is to be made;
(2) Such expenditure is made necessary by the new construction
from which such funds were collected; and
(3) Such expenditure will result in a benefit to the new
construction from which such funds were collected.
SECTION 2: That Section 7 shall be mended to include a new
paragraph D, Impact Fee Review, to read as follows:
D. I~a~ F~ ~vi~. Expenditures from the capital expansion
trust fund for undertaking a review of the fund shall be made every other
year and shall be specifically approved by the City Co~ission.
SE~ION 3: Codification. That this ordinance shall be codified
and made a part of the city code of ordinances.
SECTION 4: Sever~ility. If any section or portion of a section
of this ordinance proves to be invalid, unlawful or unconstitutional it
shall not be held to impair the validity, force or effect of any other
section or part of a section of this ordinance.
SE~ION 5: ~nfli~s. That all ordinances or parts of ordinances
in conflict herewith be and the s~e are hereby revoked.
SECTION 6: Eff~tive Date. Shall become effective i~ediately
upon its passage and adoption.
1992.
ATTEST: ~YOR~~ '
City of Sanford, Florida
Page --2--
Ordinance No. 3101
CERTIFICATE
I, Janet R. Donahoe, City Clerk of the City of Sanford,
Florida, do hereby certify that a true and correct copy of the
foregoing Ordinance No. 3101, PASSED AND ADOPTED by the City
Co~bmission of the City of Sanford, Florida, on the 24th day of
February, 1992, was posted at the front door of the City Hall in
the City of Sanford, Florida, on the 25th day of February, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Sanford, Floridat this 25th day of
February, 1992.
~~ity Clerk of the
~ity of Sanford, Florida.