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3100 ORDINANCE NO. 3100 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, ENACTING INTO LAW AN AMENDMENT TO ORDINANCE 2024, ESTABLISHING A POLICE PUBLIC SAFETY 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 Police Public Safety 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 2024, the City Commission 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 TEE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1: That Section 6(C) of Ordinance 2024 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 6(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 equipment 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 6 shall be amended to include a new paragraph D, Impact Fee Review, to read as follows: D. Impact Fee Review. Expenditures from the capital expansion trust fund to accomplish the administrative requirements and planning functions set forth in this ordinance shall be made every other year and shall be specifically approved by the city Commission. SECTION 3: Codification. That this Ordinance shall be codified and made a part of the City Code of Ordinances. SECTION 4: Severability. 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. SECTION 5: Conflicts. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby revoked. SECTION S: Effective Date. Shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED thiJ~ day of J~/~_ , A.D. 1992. MAYOR ~ " ' ~ ATTEST: / ITY CLERK City of Sanford, Florida Page --2-- Ordinance No. 3100 CERTIFICATE ~, 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. 3100, PASSED AND ADOPTED by the City Commission 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, Florida, this 25th day of February, 1992. ~f Sanford, Florida.