HomeMy Public PortalAbout14-8740 EXECUTE A CONTRACT WITH BURTON AND ASSOCIATES FOR AN IMPACT FEE STUDY Sponsored by: Vice Mayor Kelley
RESOLUTION NO. 14-8740
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA,FLORIDA,AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE A CONTRACT WITH BURTON
AND ASSOCIATES FOR AN IMPACT FEE STUDY, IN AN
AMOUNT NOT TO EXCEED $30,000, PAYABLE FROM
ACCOUNT NUMBER 37-515340, A BUDGETED ITEM;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS,pursuant to Resolution No. 13-8676,in September 2013, the City of Opa-locka
("City") issued a Request for Proposals ("RFP"), for an Impact Fee Study; and
WHEREAS, the City of Opa-locka did not receive any responsive bids for RFP 13-8676;
and
WHEREAS, the City Commission has determined it would be prudent and in the best
interests of the City to allow Burton and Associates to perform the Impact Fee Study, since that
entity conducted the Water and Sewer Rate Study for the City; and
WHEREAS, the City Commission desires to authorize the City Manager to negotiate and
execute a contract with Burton and Associates,to perform the Impact Fee Study,since there were no
responsive bidders to the RFP, in an amount not to exceed $30,000.
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka, Florida, hereby directs and
authorizes the City Manager to negotiate and execute a contract with Burton and Associates for an
Resolution No. 14-8740
Impact Fee Study,in an amount not to exceed$30,000,payable from Account Number 37-515340,a
budgeted item.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 8th day of January, 2014.
L. t''" '
TAYLOR
MAYOR
Attest to: Approved as to form and legal sufficiency:
CAAAAPL- (AQA} , , 1 1 i
LAI ' , ,,\ P / Lf '
Joantla Flores Jo.-ph S. ∎'e 1-
City Clerk e ' EENS'OON MARDER, PA
C y Attorney
Moved by: COMMISSIONER JO ' SON
Seconded by: VICE MAYOR KELLEY
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Santiago: YES
Vice-Mayor Kelley: YES
Mayor Taylor: YES
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City of Opa-locka
Agenda Cover Memo
Commission Meeting Item Type: Resolution Ordinance Other
Date:
01/08/2014 (Enter X in box) X
Yes No Ordinance Reading: 1st Reading 2nd Readin.
Fiscal Impact: (Enter X in box)
Public Hearing: Yes No is No
X (Enter X in box) X X
Funding Source: Advertising Requirement: Yes No
N/A Acct. No. 16-512490 (Enter X in box) X
Contract/P.O. Required: Yes No
(Enter X in box) X RFP/RFQ/Bid#: N/A
Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy:
Enhance Organizational 0 N/A
Strategic Plan Related Bus. & Economic Dev oa
(Enter X in box) X Public Safety El
Quality of Education 0
Qual.of Life&City Image M
Communication =
Sponsor Name City Manager Department: Community Development
Short Title:
Development Impact Fee Study
Authorizing the City Manager to negotiate and execute a contract with Burton and Associates.
Staff Summary
It is recommended that the Mayor and City Commission authorize the City Manager to negotiate and execute a contract with
Burton and Associates,the firm selected by the Mayor and City Commission to do the Water and Sewer Rate Study on June 26,
2013, since there were no responsive bidders for the above Development Impact Fee Study RFP.
Description:
On September 11, 2013, the Mayor and City Commission authorized the City Manager to issue request for proposals (RFP)for a
qualified firm to perform an updated study for the City's Development Impact Fees. The City's Development Impact fees have not
been updated in nearly twenty years.
Agenda Cover-Development Impact Fee Study 1
Analysis: The City issued an RFP pursuant to Resolution No. 13-8676. The City received no responses to this RFP and
therefore it would be prudent to allow Burton and Associates, the firm conducting the water and sewer study, to update the City's
Development Impact Fees since they have the expertise necessary in order to update the study consistent with the Florida State
Impact Fee Act.
Proposed Action:
That the City Manager be authorized to negotiate and execute a contract to Burton and Associates to perform an updated study for
the City's Development Impact Fees.
Attachments:
Resolution No. 13-8625
Resolution No. 13-8676
Copy of Agenda Item -September 11,2013
Agenda Cover-Development Impact Fee Study 2
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Memorandum
TO: Myra L.Taylor, Mayor
Joseph Kelley, Vice Mayor
Timothy Holmes, Commissio -r
Dorothy Johnson, Commissio er
Luis B. Santiago, Commission-r
FROM: Kelvin L. Baker, Sr., City Mana
DATE: December 27, 2013
RE: Development Impact Fee Study
Request:
It is recommended that the Mayor and City Commission authorize the City Manager to negotiate and
execute a contract with Burton and Associates, the firm selected by the Mayor and City Commission to do
the Water and Sewer Rate Study on June 26, 2013, since there were no responsive bidders for the above
Development Impact Fee Study RFP.
Description:
On September 11, 2013, the Mayor and City Commission authorized the City Manager to issue request for
proposals (RFP) for a qualified firm to perform an updated study for the City's Development Impact Fees.
The City's Development Impact fees have not been updated in nearly twenty years.
Analysis: The City issued an RFP pursuant to Resolution No. 13-8676. The City received no responses
to this RFP and therefore it would be prudent to allow Burton and Associates, the firm conducting the water
and sewer study,to update the City's Development Impact Fees since they have the expertise necessary in
order to update the study consistent with the Florida State Impact Fee Act.
Financial Impact: There is a financial impact to the City for retaining this firm to prepare such an update.
The costs to retain this firm will come from Account No. 16-512490.
Implementation Time Line: Immediately
Legislative History:
Resolution No. 13-8625
Resolution No. 13-8676
Staff Recommendation:
That the City Manager be authorized to negotiate and execute an addendum to Burton's, Inc. contract to
update
Attachment(s)
Resolution No. 13-8625
Resolution No. 13-8676
Copy of Agenda Item - September 11, 2013
Prepared By: Howard W. Brown, Jr., Community Development Direct�.�fi
2
Development Impact Fee Study
Sponsored by: City Manager
Resolution No. 13-8625
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH
BURTON AND ASSOCIATES, TO UPDATE THE WATER AND
SEWER RATES STUDY, AT A COST OF $16,280, AND TO
PERFORM A STORMWATER RATE STUDY AT A COST OF
$9,935, WITH THE TOTAL COST NOT TO EXCEED $26,215;
PAYABLE FROM ACCOUNT 61-513312; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the Miami-Dade County Water and Sewer Department released their
Preliminary Proposed Wholesale Customer Rates for FY 2013-14; and
WHEREAS, in the Miami-Dade County rates, the FY 2013-14 water rate has not
increased. but there is a 13.91% increase in the sewer rate. This makes it essential that the
Water, Sewer, and Stormwater Rates Study be performed as soon as possible; and
WHEREAS, the City Commission of the City of Opa-locka recently adjusted the water
and sewer rates to FY 2012 rates with the intention of getting a Rate study done; and
WHEREAS, the net assets of the Stormwater Fund have continuously declined on a
yearly basis, and it is necessary to ensure that the rates are sufficient to maintain the activities of
the Stormwater fund; and
WHEREAS, this proposal is for an update to the Water and Sewer Study Rate performed
in 2007, as opposed to a new study; and
WHEREAS, Burton and Associates is the firm that was contracted for the study in 2007,
pursuant to Resolution 07-7088 and 07-7113, and due to that fact, already has the City's
information in their database; and
Resolution No. 13-8625
WHEREAS, the 2007 Water and Sewer study, cost the City $59,728, but the update of
the Water and Sewer Rate Study, including a Stormwater Rate Study, will not exceed a cost of
$26,215, since it is an update of the same study by the same company; and
WHEREAS, the City Commission of the City of Opa-locka desires to authorize the City
Manager to enter into an agreement with Burton and Associates, to update the Water, Sewer, and
Stormwater Rates Study, since the information is needed on an urgent basis, and it is not
practicable of financially feasible to utilize competitive bidding in awarding this contract.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby directs and
authorizes the City Manager to enter into an agreement with Burton and Associates to update the
Water and Sewer Rates study at a cost of$16,280, and to perform a Stormwater Rate study at a
cost of$9,935, with the total cost of both studies not to exceed $26,215; payable from account
61-513312
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 26th day of June, 2013.
6176(.1%?Y/ r/AYLOR
MAYOR
Attest to:
'..sw�cc�•.4�cxssy.�
Sha'mecca Lawson
Deputy Clerk
Resolution No. 13-8625
Approve. : to form and legal su 'ciency:
i ,11L'
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J 4 eph . Geller
il
1' EE SPOON MARDER PA
i ity Attorney
Moved by: COMMISSIONER JOHNSON
Seconded by: COMMISSIONER HOLMES
Commission Vote: 4-1
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Santiago: YES
Vice-Mayor Kelley: YES
Mayor Taylor: NO
Sponsored by: City Manager
RESOLUTION NO. 13-8676
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA, TO
AUTHORIZE THE CITY MANAGER TO ISSUE
REQUEST FOR PROPOSALS ("RFP"), FOR A
QUALIFIED FIRM TO PERFORM AN UPDATED
STUDY FOR THE CITY'S DEVELOPMENT IMPACT
FEES, PAYABLE FROM ACCOUNT NUMBER 16-
512490; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City Commission of the City of Opa-locka desires an updated
Development Impact Fee study; and
WHEREAS, on September 22, 2004, the City Commission updated several
Development Impact Fee Ordinances:04-09 Roads/Drainage,04-10 Public Safety,and 04-11
Parks, and those fees have not been increased in nearly ten years; and
WHEREAS, the rising costs of providing public facilities improvements, the
increasing cost of maintenance to existing infrastructures and the decline of support for
taxation alternatives, has out-paced the government revenue generating capability, and now
forces jurisdictions to seek alternatives, including impact fees; and
WHEREAS, development impact fees are scheduled charges applied to generate
revenue for construction and/or expansion of capital facilities (system improvements); and
WHEREAS,the development impact fees need to be updated,and such study requires
using the most recent local data available; and
WHEREAS, the development impact study should include, but is not limited to
development impact fees for: 1) roads/drainage, 2)public safety, 3)parks and recreation, 4)
water and sewer, and 5) social infrastructure, i.e., affordable housing, etc.
Resolution No. 13-8676
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka, Florida, hereby
authorizes the City Manager to issue Request for Proposals for a qualified firm to perform an
updated study for the City,for Development Impact Fees Study,payable from account number
16-512490.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS l lth day of September, 2013.
i
MAYOR
Attest to: Approved as t form and legal sufficiency:
J•r a Flores .s=,h S. Geller
City Clerk GR ENSPOON MARDER, PA
City Attorney
Moved by: COMMISSIONER JOHNSON
Seconded by: VICE MAYOR KELLEY
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Santiago: YES
Vice-Mayor Kelley: YES
Mayor Taylor: YES
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City of Opa-Locka
Agenda Cover Memo
Commission Meeting 09/11/2013 Item Type: Resolution Ordinance Other
Date: X
(Enter X in box)
Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading
(Enter X in box) Yes No (Enter X in box)
Public Hearing: Yes No Yes No
(Enter X in box)
Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No
(Enter Acct No.) 16-512490 (Enter X in box)
BUDGETED
Contract/P.O.Required: Yes No RFP/RFQ/Bid#:
(Enter X in box) N/A
Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the
(Enter X in box) specific objective/strategy this item will address)
Enhance Organizational ED
Bus.&Economic Dev E]
Public Safety
Quality of Education
Qual.of Life&City Image E3
Communcation
Sponsor Name City Manager Department: City Manager
Short Title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA FLORIDA AUTHORIZING THE CITY
MANAGER TO ISSUE A REQUEST FOR PROPOSALS TO UPDATE THE CITY'S DEVELOPMENT IMPACT FEES
Staff Summary:
On September 22, 2004, the Mayor and City Commission adopted several development impact fee ordinances.
Those ordinances provided for Park Impact, Roads Drainage Impact, and Public Safety impact fees to be collected
by the City. The fees have not been increased in nearly ten years. Impact fees, unlike other fees, are required to be
studied using the most recent and local data. There are number of methods generally used to determine impact fees.
The City prepared a report entitled, "methods and data used to calculate police, park and road drainage impact fees"
_ -r
dated July 19, 2004. The City would be looking to perform a development impact study to include to include the
following development impact fees:
• roads and drainage
• public safety
• parks and recreation
• water and sewer
• social infrastructure i.e. affordable housing (workforce housing), etc
Proposed Action:
Approval
Attachment:
1. Ordinance No. 04-09-Road Drainage Impact Fee
2. Ordinance No. 04-10-Public Safety Impact Fee
3. Ordinance No.04-11 - Park Impact Fee
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Memorandum
TO: Myra L.Taylor, Mayor
Joseph L. Kelley,Vice Mayor
Timothy Holmes,Commissioner
Dorothy Johnson,Commissi er
Luis B. Santiago,Commission r
FROM: Kelvin L. Baker,Sr.,City Manag
DATE: August 23,2013
RE: Resolution Authorizing a Development Impact Fee Study
Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA FLORIDA
AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS TO UPDATE THE
CITY'S DEVELOPMENT IMPACT FEES
Background
On September 22, 2004, the Mayor and City Commission adopted several development impact fee
ordinances. Those ordinances provided for Park Impact, Roads Drainage Impact,and Public Safety impact
fees to be collected by the City. The fees have not been increased in nearly ten years. Impact fees, unlike
other fees, are required to be studied using the most recent and local data. There are number of methods
generally used to determine impact fees. The City prepared a report entitled, "methods and data used to
calculate police, park and road drainage impact fees"dated July 19,2004.
Description
The City would be looking to perform a development impact study to include, but not limited,to the
following development impact fees:
• roads and drainage
• public safety
• parks and recreation
• water and sewer
• social infrastructure i.e. affordable housing (workforce housing), etc
Development impact fees are scheduled charges applied to new development to generate revenue for the
construction or expansion of capital facilities, known as "system improvements," benefiting it. A
development impact fee study needs to be updated. Local governments throughout the United States have
learned that the cost of providing a residential dwelling unit new or expanded public facilities--including
water, sewer, drainage, police, fire, library, school, park, recreational, and other public facilities-for new
development is considerable ranging routinely from$20,000 to$100,000 or more per new home.
This cost has been rising at a pace that exceeds local government revenue generating capability. The
increasing cost of maintenance of existing infrastructure, combined with the decline of public support for
taxation alternatives, has forced local jurisdictions to seek alternatives. Impact fees have become one such
alternative.
The impact fee presupposes that new development should pay a proportionate share of facility costs.
"Proportionate Share," in the impact fee context, would generally be no more than the total cost but more
than nothing. Generally speaking,the bases on which proportional share method is:
1. it draws upon the experience of various communities that have defined and measured proportional
share; and
2. It draws upon case law and judicial rationale.
163.31801, F.S., provides the authority in which the city would have to follow in order to effectively
administer an impact fee program. The following are some of the general program requirements:
• The impact fees must be adopted by city ordinance
• require the calculation of the impact fee based on the most recent and localized data
• Provide for accounting and reporting of impact fee collections and expenditures
• Limit administrative charges for the collection of impact fees to actual costs.
• Require that notice be provided no less than 90 days before the effective date of an ordinance or
resolution imposing a new or increased impact fee.
• Audits of financial statements of local governmental entities performed by a certified public
accountant and submitted to the Auditor General must include an affidavit signed by the Chief
Financial Officer of the City
• In any action challenging an impact fee, the government has the burden of proving by a
preponderance of the evidence that the imposition or amount of the fee meets the requirements of
state legal precedent.
Financial Impact: The funding of this action would be paid from Account No. 16-512490
Implementation Time Line: Immediately
Legislative History: Ordinance No. 04-09 - Road Drainage Impact Fee, Ordinance No. 04-10 - Public
Safety Impact Fee, Ordinance No. 04-11 - Park Impact Fee
Staff Recommendation: Approval
Attachment(s): Ordinances
Prepared By: Howard Brown, Jr., AICP, Community Development Director
Faye Douglas, Budget Administrator
Development Impact Fee Study 2
1st Reading/Public Hearing: SEPTEMBER 8, 2004
2nd Reading/Public Hearing: SEPTEMBER 22, 2004
Adopted: SEPTEMBER 22, 2004
Effective Date: DECEMBER 22, 2004
Sponsored by: City Manager
ORDINANCE NO. 04-09
ROAD DRAINAGE IMPACT FEE ORDINANCE
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA RELATING TO THE REGULATION OF THE
USE AND DEVELOPMENT OF LAND IN THE INCORPORATED
AREAS OF THE CITY OF OPA LOCKA, FLORIDA; IMPOSING AN
IMPACT FEE ON LAND DEVELOPMENT IN THE CITY OF OPA
LOCKA FOR PROVIDING NEW ROAD DRAINAGE AND RELATED
FACILITIES NECESSITATED BY SUCH NEW DEVELOPMENT;
STATING THE AUTHORITY FOR ADOPTION OF THE ORDINANCE;
PROVIDING DEFINITIONS; PROVIDING FINDINGS AND DEC-
LARATIONS OF THE CITY COMMISSION; PROVIDING FOR THE
PAYMENT AND TIME OF PAYMENT OF A ROAD DRAINAGE
IMPACT FEE; PROVIDING FOR REVIEW OF ROAD DRAINAGE
IMPACT FEES AND THE FEE SCHEDULES; PROVIDING FOR THE
ESTABLISHMENT OF A ROAD DRAINAGE IMPACT FEE DISTRICT;
PROVIDING FOR THE PLACEMENT OF REVENUE COLLECTED
FROM ROAD DRAINAGE IMPACT FEES INTO THE ROAD
DRAINAGE IMPACT FEE TRUST FUND ESTABLISHED FOR THAT
• PURPOSE; PROVIDING FOR EXEMPTIONS AND CREDITS;
PROVIDING FOR REFUND OF UNEXPENDED FUNDS; PROVIDING
FOR USE OF FUNDS DERIVED FROM ROAD DRAINAGE IMPACT
FEES; PROVIDING THAT ROAD DRAINAGE IMPACT FEES MAY BE
PLEDGED TOWARD PAYMENT OF BOND ISSUES AND SIMILAR
DEBT INSTRUMENTS; PROVIDING FOR PENALTIES FOR
VIOLATION OF THIS ORDINANCE; CONTAINING A REPEALER
PROVISION FOR SEVERABILITY CLAUSE, AND PROVIDING FOR
AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA
LOCKA, FLORIDA:
Section 1: Legislative Findings
The City Commission of the City of Opa-locka finds, determines, and declares:
Road Drainage Impact I-ce Ordinance
Page
•
A. The City of Opa-locka must expand its road drainage system in order to
maintain current standards if new development is to be accommodated without decreasing
current levels of service. This must be done in order to promote and protect the public
health, safety and welfare.
B. The Florida Legislature through the enactment of Florida Statutes, Chapter 163,
Part II, Section 3202(3)has sought to encourage the City of Opa-locka to enact impact fees.
C. The imposition of impact fees is one of the preferred methods of ensuring that
development bears a proportionate share of the cost of capital facilities necessary to
accommodate such development. This must be done in order to promote and protect the
public health, safety and welfare;
D. Each of the types of land development described in Section 7 hereof, will create
demand for the expansion of road drainage capacity and the construction of road drainage
improvements.
E. The impact fees established by Section 7 are derived from, are based upon, and
do not exceed the costs of providing additional road drainage capacity and road drainage
improvements necessitated by the new land developments for which the impact fees are
levied.
F. The report entitled "Method and Data used to Calculate Police, Park &
Recreation and Public Works Impact Fees", dated July 19, 2004 sets forth a reasonable
methodology and analysis for the determination of the impact of new development on the
need for and costs for additional road drainage capacity and road drainage improvements in
the City of Opa-locka.
Section 2: Short Title.Authority and Applicability.
A. This ordinance shall be known and may be cited as the "The City of Opa-locka
Road Drainage Impact Fee Ordinance."
B. The City Commission of the City of Opa-locka has the authority to adopt this
ordinance pursuant to Article IV of the Constitution of the State of Florida,and Chapter 125
of the Florida Statutes.
• C. This ordinance shall apply in the incorporated area of the City of Opa-locka.
Section 3: Intents and Purposes
A. This ordinance is intended to assist in the implementation of the City of Opa-
locka Comprehensive Plan.
B. The purpose of this ordinance is to regulate the use and development of land so
Road Orainaee Impact Fee Ordinance
Payr
as to assure that new development bears a proportionate share of the cost of capital
expenditures necessary to provide road drainage and road drainage improvements in the
City of Opa Locka.
Section 4: Rules of Construction
A. The provisions of this ordinance shall be liberally construed so as to effectively
carry out its purpose in the interest of the public health, safety and welfare.
B. For the purposes of administration and enforcement of this ordinance, unless
otherwise stated in this ordinance, the following rules of construction shall apply to the text
of this ordinance:
(1) In case of any difference of meaning or implication between the text of this
ordinance and any caption, illustration, summary table, or illustrative table, the text
shall control.
(2) The word "shall" is always mandatory and not discretionary; the word "may" is
permissive.
(3) Words used in the present tense shall include the future; and words used in the
singular number shall include the plural, and the plural the singular, unless the
context clearly indicates the contrary.
(4) The phrase "used for" includes "arranged for", "designed for", "maintained for",
or"occupied for".
(5) The word "person" includes an individual, a corporation, a partnership, an
incorporated association,or any other similar entity.
(6) Unless the context clearly indicates the contrary, where a regulation involves
two (2) or more items, conditions, provisions, or events connected by the conjunc-
tion "and", "or"or"either...or",the conjunction shall be interpreted as follows:
(a) "And" indicates that all the connected terms, conditions, provisions or
events shall apply.
(b) "Or" indicates that the connected items, conditions, provisions or events
may apply singly or in any combination.
(c) "Either...or" indicates that the connected items, conditions, provisions or
events shall apply singly but not in combination.
(7) The word "includes" shall not limit a term to the specific example but is
intended to extend its meaning to all other instances or circumstances of like kind or
character.
Ruud Drainage Impact Fee Ordinance
Page
(8) "Administrative Official" means the Director of the Department of Development
Services or his/her designee who will carry out the administration of this ordinance.
Section 5: Definitions
A. A"feepayer" is a person applying for the issuance of a building permit.
B. "Building permit" is the approval issued by the City of Opa Locka that
authorizes the construction or placement of a building, dwelling, mobile home, recreational
vehicle or other structure on a site, where the purposes of the building or structure is for the
occupancy by humans. This would include temporary as well as permanent occupancy.
C. A "capital improvement" includes planning, land acquisition, site improvements,
the construction of new or expanded road drainage facilities, and the acquisition of
equipment, but excludes maintenance and operation.
D. "Development Order" means a regulatory approval by the City of Opa Locka.
E. "Square Footage" shall be measured in terms of heated or air-conditioned floor
area.
Section 6: Imposition of Road Drainage Impact Fee
A. Any person who, after the effective date of this ordinance,seeks to develop land
within the City of Opa Locka, Florida, by applying for a building permit is hereby
to pay a road drainage impact fee in the manner and amount set forth in this ordinance.required
B. No Certificate of Occupancy for any activity requiring payment of a Road
Drainage Impact Fee pursuant to Section 7 of this ordinance shall be issued unless and until
the Road Drainage Impact Fee hereby required has been paid.
C. No extension of a building permit issued prior to the effective date of this
ordinance for any activity requiring payment of a Road Drainage Impact Fee pursuant to
Section 7 of this ordinance shall be granted unless and until the Road Drainage Impact Fee
hereby required has been paid.
Section 7: Computation of the Amount of Road Drainage Impact Fee
At the option of the feepayer, the amount of the Road Drainage Impact Fee may be
determined by one or more of the following procedures:
A. ROAD DRAINAGE IMPACT FEE SCHEDULE PER USE GROUP
(New Unit or Expansion per gross square foot)
Road Drainage Impact Fee Ordinance
Pa_,
Residential
Retail $0.454
Industrial $1.062
institutional $0.265
Governmental $0.535
$0.535
(1) If a building permit is requested for a single project with mixed uses, then the
Road Drainage Impact Fee shall be determined.through using the Road Drainage
Impact Fee Schedule above, by apportioning the space committed to each use
specified. A list of specific uses for each use group listed above shall be created
prior to the effective date of this ordinance.
X(2) If the type of development activity that a residential building permit is applied
for is not specified on the Road Drainage Impact Fee Schedule above, the
Administrative Official shall use the Road Drainage Impact Fee applicable to the
most nearly comparable type of land use on the Road Drainage Impact Fee Schedule
above. The Administrative Official shall be guided in the selection of a
comparable type by the City of Opa-locka Comprehensive Plan and its supporting
documents, and the City of Opa-locica Land Use and Development Regulations. If
the Administrative Official determines that there is no comparable type of land use
according to the Road Drainage Impact Fee Schedule above, then he/she shall
determine the appropriate impact fee by considering demo
mentation which is available from state, local and regional authorities. other docu-
)03). In the case of a change of use, redevelopment, or expansion or modification
an existing use which requires the issuance of a new or extended building permof it,
the Road Drainage Impact Fee shall be based upon the net
impact for the new or modified use as compared to theo previousruse. o The
Administrative Official shall be guided in this determination by the sources and
agencies listed above.
B. INDEPENDENT FEE CALCULATION STUDY: If a feepayer opts not to have
the Road Drainage Impact Fee determined according to Paragraph (A) of this Section, then
the feepayer shall submit analyses and documentation based upon generally accepted
methodologies, and according to the following procedure:
(1) Prepare and submit to the Administrative Official an Independent Fee
Calculation Study for the land development activity for which a building
permit is sought. The documentation submitted shall show the basis upon
which the independent fee calculation was made;
(2) The Administrative Official shall, within a reasonable period of time,
consider the documentation submitted by the feepayer but is not required to
accept such documentation as he/she shall reasonably deem to be inaccurate
or not reliable and may, in the alternative, require the feepayer to submit
additional or different documentation for consideration;
Road Drainage Impact Fee Ordinance
Pa=c
(3) If the Administrative Official determines that the submitted Independent Fee
Calculation Study is acceptable, then he/she may adjust the Road Drainage
Impact Fee to a more appropriate amount applicable to the particular
development;
(4) If the Administrative Official determines that the submitted Independent Fee
Calculation Study is not acceptable, then he/she shall state the reasons in
writing for his/her determination, and the feepayer shall pay the Road
Drainage Impact Fee based upon the Road Drainage Impact Fee Schedule
shown in Paragraph (A)of this Section;
Section 8: Payment of Road Drainage Impact Fee
A. The feepayer shall pay the Road Drainage Impact Fee required by this ordinance
to the Administrative Official or his/her designee rior to the issuance of a Temporary
Certificate of Occupancy,Certificate of Occupancy,or other final approval.
B. All funds collected shall be promptly transferred for deposit in the Road
Drainage Impact Fee Trust Fund account as determined in Section 10 of this ordinance and
used solely for the purposes specified in this ordinance. -
Section 9:Road Drainage Impact Fee Districts
There is hereby established one (1) Road Drainage Impact Fee Benefit District
which includes all land within the City of Opa-locks jurisdictional boundary.
Section 10: Road Drains a Im act Fee Trust Fund Established
A. There is hereby established one (1) Road Drainage Impact Fee Trust Fund,
established by Section 9 of this Ordinance.
B. Funds withdrawn from this account must be used in accordance with the
provisions of Section 11 of this ordinance.
Section 11: Use of Funds
A. Funds collected from Road Drainage Impact Fees shall be used solely for the
purpose of acquiring and/or makin. c. •ital im•rovements to road drama e�"'ii`ider the
jurisdiction of the Cit of a-locka, the County, or t e tate o on.a, and shal not be
used for maintenance or operations. -
B. Funds shall be used exclusively for acquisitions, expansions, or capital
improvements within the City-wide Road Drainage Impact Fee District, which the funds
were collected. Funds shall be expended in the order in which they are collected.
Road Drainage Impact Fee Ordinance
Pa?,h
C. In the event that bonds or similar debt instruments are issued for advanced
provision of capital facilities for which Road Drainage Impact Fees may be expended,
impact fees may be used to pay debt service on such bonds or similar debt instruments to
the extent that the facilities provided are of the type described in Paragraph A above.
D. At least once each fiscal period the Administrative Official shall present to the
City Commission a proposed capital improvement program for road drainage, assigning
funds, including any accrued interest, to specific road drainage improvement projects and
related expenses. Monies, including any accrued interest, not assigned in any fiscal period
shall be retained in the Road Drainage Impact Fee Trust Fund until the next fiscal period
except as provided by the refund provisions of this ordinance.
E. Funds maybe used to provide refunds as described in Section 12.
Section 12: Refund of Road Drainage Impact Fees Paid
A. If a building permit expires without commencement of construction, then the
feepayer shall be entitled to a refund, without interest, of the Road Drainage Impact Fee
paid as a condition for its issuance except that the City shall retain three percent (3%) or
$100.00 of the fee, whichever is greater, to offset a portion of the costs of collection and
refund. The feepayer must submit an application for such a refund to the Administrative
Official thirty(30)days,prior to the expiration of the permit.
B. Any funds not expended or encumbered by the end of the calendar quarter
immediately following six (6) years from the date the Road Drainage Impact Fee was paid
shall, upon application of the then current landowner, be returned to such landowner with
interest at the rate of three percent(3%)per annum,provided that the landowner submits an
application for a refund to the Administrative Official within 180 days of the expiration of
the six (6) year period. An extension of the six (6) year
years may be permitted, at the City Commission's discretion, for projects or additional vements
that entail long range planning and design.
Section 13: Exemptions and Credits
A. Exemptions. The following shall be exempted from payment of Public Safety
Impact Fees:
(1) Alterations or expansion of an existing building where no additional square
footage is created, where the use is not changed, and/or where no additional
demand for road drainage or applicable improvements will be created, as
determined by the Administrative Official.
(2) The construction of accessory buildings or structures, unless such
construction is determined by the Administrative Official to be and
expansion or extension of the principal use for which Road Drainage Impact
Fees are payable.
Road Drainage Impact Fee Ordinance
Page 7
(3) The replacement of a building or structure with a new building or structure
of the same size and use.
(4) The installation of a replacement mobile home on a lot or other such site
when a Road Drainage Impact Fee for such mobile home site has previously
been paid pursuant to this ordinance or where a mobile home legally existed
on such site on or prior to the effective date of this ordinance.
(5) The installation of a mobile unit for temporary construction purposes.
Any claim of exemption must be made no later than the time of application for a
building permit. Any claim not so made shall be deemed waived.
B. Credits. Any claim for credit under these provisions shall be made on an official Impact
Fee Credit Application provided by the City of Opa-locka, and submitted along with all
other required documentation to the Administrative Official. Credit against required Road
Drainage Impact Fees shall be subject to the following:
(I) Road Drainage land and/or road drainage capital improvements- may be
offered by The feepayer as total or partial payment of the required Road
Drainage Impact Fee. The offer must specifically request or provide for a
Road Drainage Impact Fee credit. If the Administrative Official accepts such
an offer, whether the acceptance is before or after the effective date of this
ordinance, the credit shall be determined and provided in the following
manner:
(a) Credit for the dedication of land shall be valued at:
(i) 115% of the most recent assessed value by the Manatee
County Property Appraiser; or
(ii) by fair market value established by a private, certified
appraiser acceptable to the City. At the City's option, a
second appraisal may be contracted at the City's expense.
Credit for the dedication of road drainage land shall be
provided when the property has been conveyed at no charge
to, and accepted by, the City in a manner satisfactory to the
City Commission; or
(iii) by such other appropriate method as the City Commission
may have accepted prior to the effective date of this
ordinance for particular road drainage improvements.
(b) Applicants for credit for construction of road drainage improvements
shall:
Road Drainage Impact Fee Ordinance
Page
(1) submit acceptable engineering drawings and specifications,
and construction cost estimates to the Administrative Official;
(ii) the Administrative Official shall, within a reasonable period
of time, determine credit for construction based upon either
these cost estimates, or upon alternative engineering criteria
and construction cost estimates if the Administrative Official
determines that such estimates submitted by the applicant are
either unreliable or inaccurate;
(iii) the Administrative Official shall provide the applicant with a
letter or certificate setting forth the dollar amount of the
credit, the reason for the credit, and the legal description or
other adequate description of the project or development to
which the credit may be applied. The applicant must sign and
date a duplicate copy of such letter or certificate indicating
his/her agreement to the terms of the letter or certificate and
return such signed document to the Administrative Official
before credit will be given;
(iv) the failure of the applicant to sign, date, and return such
document within sixty(60)days shall nullify the credit.
(c) Except as provided in subparagraph(d), credit against Road Drainage
Impact Fees otherwise due will not be provided until:
(i) the construction is completed and accepted by the City, the
County,or the State,whichever is applicable;
(ii) a suitable maintenance and warranty bond is received and
approved by the City Clerk of the City of Opa-locka, when
applicable.
(d) Credit may be provided before completion of specified road drainage
improvements if adequate assurances are given by the applicant that
the standards set out in subparagraph (c) will be met and if the
feepayer posts security as provided below for the costs of such
construction. Security in the form of a performance bond,
irrevocable letter of credit or escrow agreement shall be posted with
and approved by the City of Opa-locka in an amount determined by
the Administrative Official. If the road drainage construction project
will not be constructed within one (1) year of the acceptance of the
offer by the Administrative Official, the amount of the security shall
be increased by ten percent (10%) compounded, for each year of the
life of the security. The security shall be reviewed and approved by
Road Drainage Impact Fee Ordinance
Pali'i
the City Commission prior to acceptance of the security. If the road
drainage construction project is not to be completed within five (5)
years of the date of the feepayer's offer, the City Commission must
approve the road drainage construction project and its scheduled
completion date prior to the acceptance of the offer by the
Administrative Official.
(2) Any claim for credit must be made no later than the time of application for a
building permit. Any claim not so made shall be deemed waived. The
feepayer may apply for credit prior to the issuance of a building permit,
however, credit shall only be applied against building permits issued
subsequent to the application for credit. Refunds shall be made only to the
person(s)or entity who made the creditable payment or contribution.
(3) Credits shall not be transferable from one project or development to another
without the approval of the City Commission and may only be transferred to
a different development upon a finding by the City Commission that the
dedication for which the credit was given benefits such different
development.
(4) No credit shall exceed the amount due for the applicable Road Drainage
Impact Fee required.
(5) The right of credit shall run with the land and be claimed only by the owners
of the land for which credit is claimed.
Section 14• Ap eals
A. Any feepayer aggrieved by a decision of the Administrative Official made pursuant
to this ordinance shall have the right to appeal to the City Commission. Prior to any
such appeal the aggrieved feepayer shall file a request for reconsideration with the
Administrative Official who shall act upon such request within fifteen(15)days.
B. If, after reconsideration by the Administrative Official, the feepayer chooses to
continue with an official appeal, the feepayer, within fifteen (15) days of the
Administrative Official's decision on the request for reconsideration, may file with
the Administrative Official a Notice of Appeal specifying the grounds, therefore.
The Administrative Official shall forthwith transmit to the City Commission all
papers constituting the record upon which the action appealed from is taken. The
Mayor and City Commission shall thereafter establish a reasonable date and time for
a hearing on the appeal, give due notice thereof, and decide the same within a
reasonable period of time following the hearing. Any feepayer submitting a Notice
of Appeal shall have the right to appear at the hearing, to present evidence, and be
represented by counsel.
C. A feepayer may pay a Road Drainage Impact Fee under protest to obtain a building
Road Drainage Impact Fee Ordinance
F'.1_Z ill
permit and by making such payment shall not be estoppel from;
(I). Exercising the right of appeal provided for in this Section,or
(2). Receiving a refund of any amount deemed to have been erroneously
y
Section 15: Review
The Road Drainage Impact Fee Schedule contained in Section 7 (A) shall be
reviewed by the City Commission at least once each fiscal biennium. (t2 uar.-j �j
Ste lion 16• Penal Provision
A violation of this ordinance shall be prosecuted in the same manner as
misdemeanors are prosecuted and upon conviction the violator shall be
according to law; however, in addition to or in lieu of any criminal prosecution, theuCity of
Opa-locka shall have the power to initiate legal action in civil court to enforce the provi-
sions of this ordinance, p
Section 17•Rer-ja provision
All ordinances or parts of ordinances in conflict herewith are hereby r
extent of such conflict. y epealed to the
Section 18• Several i i
If any section, phrase, sentence or portion of this ordinance is for any or unconstitutional by any court of competent jurisdiction, such y portion reason shall le
deemed a separate, distinct and independent provision, and such holding shall not affect be
validity of the remaining portions thereof. the
Section 19 Effective Date
This ordinance shall become effective on December 22, 2004.
PASSED AND DULY ADOPTED by the City Commission, with a quorum present and this 22 Day ay of SEPT.SST , 2004.
wz
MAYOR
Road Drainage Impact Fee Ordinance
Page 1 I
ATTEST: Approved as to form and legal sufficiency:
CIT CLERK ,/ h / 1 IN(
CITY A ' O'°/°t
DA
Moved by: VICE MAYOR JOHNSON
Second by: COMMISSIONER TYDUS
Commission Vote: 4-0
Commissioner Tydus: YES
Commissioner Holmes:. YES - -
Vice-Mayor Johnson: YES
Mayor Kelley: YES
Road Drainage Impact Fee Ordinance
Page 12
I"Reading/Public Hearing: SEPTEMBER 8, 2004
2"d Reading/Public Hearing: SEPTEMBER 22, 2004
Adopted: SEPTEMBER 22, 2004
Effective Date: DECEMBER 22, 2004
Sponsored By: City Manager
ORDINANCE NO. 04-10
PUBLIC SAFETY IMPACT FEE ORDINANCE
AN ORDINANCE OF THE CITY COMivIISSION OF THE CITY OF OPA-
LOCKA,FLORIDA RELATING TO THE REGULATION OF THE USE AND
DEVELOPMENT OF LAND IN THE INCORPORA'T'ED AREAS OF THE
CITY OF OPA-LOCICA,FLORIDA;IMPOSING AN IMPACT FEE ON LAND
DEVELOPMENT IN THE CITY OF OPA-LOCKA FOR PROVIDING PUBLIC
SAFETY NECESSITATED BY SUCH NEW DEVELOPMENT; STATING THE
AUTHORITY FOR ADOPTION OF THE ORDINANCE;PROVIDING
DEFINITIONS;PROVIDING FINDINGS AND DECLARATIONS OF THE
CITY COMMISSION;PROVIDING FOR THE PAYMENT AND TIME OF
PAYMENT OF A PUBLIC SAFETY IMPACT FEE;PROVIDING FOR
REVIEW OF PUBLIC SAFETY IMPACT FEES AND THE FEE SCHEDULES;
PROVIDING FOR THE PLACEMENT OF REVENUE COLLECTED FROM
PUBLIC SAFETY IMPACT FEES INTO A PUBLIC SAFETY IMPACT FEE
I -ESTAB SHEI EO TaiAT p T.OSE:PROVIDING FOR
EXEMPTIONS AND C DTTS•PROVIDING FOR REFUND OF
UNEXP �ED ____.. S•PROVIDIROKAIMEOPIONMDEitrvED
FROM PUBLIC SAFETY IMPACT FEES;P OVID P LIC
S�F 11'ACT FEES MAY BE PLEDGED TOWARD PAYMENT OF
BOND ISSUES AND SIMILAR DEBT i� _ ; , . s n 11 s .
PEFIALTIES-FOR VIOLATION NTAINING A
PIF EALER PROVISION,SE ILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA:
Section One: Legislative Findings
The City Commission of the City of Opa-locka finds, determines and declares that:
Opa-locka Public Safety Impact Fee Ordnance Page I
A. The City of Opa-locka must expand its Public Safety capital facilities in order to
maintain c t standards if new dev ..,„ ;1. . _ _•
current standards. This must be done in order to promote and protect the public health,safety
and welfare;
B. The Florida Legislature,through the enactment of Florida Statutes Chapter 163
16-313202(3)hasought to enciurage a-locka to enact impact fees.
C. The imposition of impact fees is one of the preferred methods of ensuring that
development bears a propationatrahare of the cost of Public Safety canital.facilit necessary/L.
accommodate such development.This must be done in order to promote and protect the public
health,safety and weellare.
D. Each of the types of land development described in Section Seven hereof,will create a
need for the construction,equipping,or expansion of Public Safety capital facilities.
E. The fees established by Section Seven are derived from,are based upon,and do not
exceed the costs of providing additional Public Safety necessitated by the new land develop-
ments for which the fees are levied.
F. The report entitled"Methods and Data Used to Calculate Police,Park&Recreation
and Public Works Impact Fees",dated July 19.2004,sets forth a reasonable methodology and
analysis for the determination of the impact of new development on the need for and costs for
additional Public Safety in the City of Opa-locks
Section Two: Short Title.Authority and Applicability.
A. This ordinance shall be known and may be cited as the"The City of Opa-locka Public
Safety Impact Fee Ordinance."
B. The City Commission of the City of Opa-locka has the authority to adopt this
ordinance pursuant to Article N of the Constitution of the State of Florida,and Chapter 166 of
the Florida Statutes.
C. This ordinance shall apply in the incorporated area of the City of Opa-locka.
Section Three: Intents and Purposes
A. This ordinance is intended to assist in the implementation of the City of Opa-locka
Comprehensive Plan.
B. The purpose of this ordinance is to regulate the use and development of land so as to
Opa-locka Public Safety Impact Fee Ordnance Page 2
assure that new development bears a proportionate share of the cost of capital expenditures
necessary to provide Public Safety in the City of Opa-locka.
Section Four: Rules of Construction
A.The provisions of this ordinance shall be liberally construed so as to effectively carry
out its purpose in the interest of the public health,safety and welfare.
B.For the purposes of administration and enforcement of this ordinance,unless otherwise
stated in this ordinance,the following rules of construction shall apply to the text of this ordi-
nance:
(1)In case of any difference of meaning or implication between the text of this
ordinance and any caption,illustration, summary table,or illustrative table,the
text shall control.
(2)The word"shall" is always mandatory and not discretionary;the word"may" is
permissive.
(3)Words used in the present tense shall include the future;and words used in the
singular number shall include the plural,and the plural the singular,unless the
context clearly indicates the contrary.
(4)The phrase"used for"includes"arranged for", "designed for", "maintained
for",or"occupied for".
(5)The word"person"includes an individual,a corporation,a partnership,an
incorporated association,or any other similar entity.
(6)Unless the context clearly indicates the contrary,where a regulation involves
two(2)or more items,conditions,provisions,or events connected by the conjunc-
tion "and", "or"or"either...or",the conjunction shall be interpreted as follows:
(a)"And"indicates that all the connected terms,conditions,provisions or
events shall apply.
(b) "Or"indicates that the connected items,conditions,provisions or
events may apply singly or in any combination.
(c)"Either...or"indicates that the connected items, conditions,provisions
or events shall apply singly but not in combination.
(7) The word"includes"shall not limit a term to the specific example but is
intended to extend its meaning to all other instances or circumstances of like kind
Opa-locka Public Safety Impact Fee Ordnance Page 3
or character.
-
(8) "City Manage?'means the City Manager municipal officials he/she may
designate to carry out the administration of this ordinance.
Section Five: Definitions
A. A "feepayer"is a person applying for the issuance of a building permit.
B. `Building permit"is the approval issued by the City of Opa-locka that authorizes the
construction or placement of a building,dwelling,mobile home,recreational vehicle or other
structure on a site.
C. "Capital Equipment"is buildings,vehicles,weapons, and communications
equipment,all with an expected use life of three years or more. "Capital Equipment"shall
include the cost of training new police officers when such new officers constitute a net expansion
of the Opa-locka protective force.
D. "Development Order"means a regulatory approval by the City of Opa-locka.
Section Six:imposition of Public Safety Impact Fee
A. Any person who,after the effective date of this Ordinance seeks to develop land
within the City of Opa-locka,Florida,by applying for a building permit,is hereby
a Public Safety required to pay
ety impact fee in the manner and amount set forth in this ordinance.
B. No new building permit for any activity requiring payment of an impact fee pursuant
to Section Seven of this ordinance shall be issued unless and until the Public Safety impact fee
hereby required has been paid.
C. No extension of a building permit issued prior to the effective date of this Ordinance
for any activity requiring payment of an impact fee pursuant to Section Seven of this ordinance
shall be granted unless and until the Public Safety impact fee hereby required has been paid.
Section Seven: Computation of the Amount.of Public Safety Impact Fee
A. At the option of the feepayer,the amount of the Public Safety impact fee may be
determined by the following fee schedules.
Opa-locka Public Safety Impact Fee Ordnance Page 4
Public Safety Fee Schedule
Residential Floor Area
Cost Per So.Ft. I $0.116
Business Roor Area
Cost Per Sq.Ft. ) :0.116
(1). If a building permit is requested for mixed uses,then the fee shall be deter-
mined through using the above schedules by apportioning the space committed to
uses specified on the schedules.
(2). If the type of development activity that a building permit is applied for is not
specified on the above fee schedules,the City Manager shall use the fee applicable
to the most nearly comparable type of land use on the above fee schedules.
The City Manager shall be guided in the selection of a comparable type by the City of
Opa-locka Comprehensive Plan,supporting documents of the City of Opa-locka
Comprehensive Plan,and the City of Opa-locka Zoning Ordinance. If the City Manager
determines that there is no comparable type of land use on the above fee schedules then
the City Manager shall determine the fee by considering demographic or other
documentation which is available from the City of Opa-locka planning Department,and
state and regional authorities.
•
(3). In the case of change of use,redevelopment,or expansion or modification of
an existing use which requires the issuance of a building permit,the impact fee
shall be based upon the net positive increase in the impact fee for the new use as
compared to the previous use. The City Manager shall be guided in this determi-
nation by the sources and agencies listed above.
B. If a feepayer opts not to have the impact fee determined according to paragraph(A)of
this section,then the feepayer shall prepare and submit to the City Manager an independent fee
calculation study for the land development activity for which a building permit is sought. The
documentation submitted shall show the basis upon which the independent fee calculation was
made. The City Manager shall consider the documentation submitted by the feepayer but is not
required to accept such documentation as he/she shall reasonably deem to be inaccurate or not
reliable and may,in the alternative,require the feepayer to submit additional or different docu-
mentation for consideration. If an acceptable independent fee calculation study is not presented,
the feepayer shall pay Public Safety impact fees based upon the schedule shown in paragraph(A)
of this section. If an acceptable independent fee calculation study is presented,the City Manager
may adjust the fee to that appropriate to the particular development. Determinations made by the
City Manager pursuant to this paragraph may be appealed to the City Commission by filing a
written request with the City Manager within ten(10)days of the City Manager's determination.
Opa-locka Public Safety Impact Fee Ordnance Page 5
Section Eight:Payment of Fee
A. The feepayer shall pay the Public Safety impact fee required by this ordinance to the
City Manager or his/her designee prior to the issuance of a building permit.
B. All funds collected shall be properly identified by and promptly transferred for deposit
in the Public Safety Impact Fee Trust Fund to be held in separate accounts as determined in
Section Ten of this ordinance and used solely for the purposes specified in this ordinance.
Section Nine:public Safety Impact Fee Trust Fund Established
A. 1There is hereby established a Public Safety Impact Fee Trust Fund.
B. Funds withdrawn from this account must be used in accordance with the provisions of
Section Ten of this ordinance.
Section Ten: Use of Funds
A. Funds collected from Public Safety impact fees shall be used solely for the purpose of
acquiring,equipping,and/or making capital improvements to Public Safety facilities under the
jurisdiction of the City of Opa-locka,the County,or the State of Florida,and shall not be used for
maintenance or operations.
B. In the event that bonds or similar debt instruments are issued for advanced provision
of capital facilities for which Public Safety impact may expended,impact fees may be
used to pay debt service on such bonds oar similar debt instruments to the extent that the facilities
provided are of the type described in paragraph A above.
C. At least once each fiscal period the City Manager shall present to the City
Commission a proposed capital improvement program for Public Safety,assigning funds,
including any accrued interest,from the several Public Safety Impact Fee Trust Funds to
Public Safety improvement specific
interest,not assigned in any projects and related expenses. Monies,including any accrued
period shall be retained in the Public Safety Impact Fee Trust
Fund until the next fiscal period except as provided by the refund provisions of this ordinance.
D. Funds may be used to make refunds required under any Development Order hereto-
before or hereafter issued or entered into by the City of Opa-locka as such refunds pertain to the
subject matter of this ordinance.
E. Funds may be used to provide refunds as described in Section Twelve.
Section Eleven: Refund of Fees Paid
Opa-locka Public Safety Impact Fee Ordnance
Page 6
A. If a building permit expires without commencement of construction,then the feepayer
shall be entitled to a refund,without interest,of the impact fee paid as a condition for its issuance
except that the City shall retain three percent(3%)of the fee to offset a portion of the costs of
collection and refund.The feepayer must submit an application for such a refund to the City
Clerk of the City of Opa-locka within 30 days of the expiration of the permit.
B. Any funds not expended or encumbered by the end of the calendar quarter
immediately following six(6)years from the date the Public Safety impact fee was paid shall,
upon application of the then current landowner,be returned to such landowner with interest at the
rate of three percent(3 %)per annum,provided that the landowner submits an application for a
refund to the City Clerk of the City of Opa-locka within 180 days of the expiration of the six year
period.
Section Twelve: Exemptions ant Credits
A. The following shall be exempted from payment of the impact fee:
(1) Alterations or expansion of an existing building where no additional units are
created and where the use is not changed.
(2) The construction of accessory buildings or structures.
(3) The replacement of a building or st ructure with a new building or structure of
the same size and use.
(4) The installation of a replacement mobile home on a lot or other such site
when a Public Safety impact fee for such mobile home site has previously been
paid pursuant to this ordinance or where a mobile home legally existed on such
site on or prior to the effective date of this Ordinance.
Any claim of exemption must be made no later than the time of application for a building permit.
Any claim not so made shall be deemed waived.
B. Credits:
(1) Public Safety land and/or Public Safety capital improvements may be offered
by the feepayer as total or partial payment of the required impact fee. The offer must
request or provide for a Public Safety impact fee credit. If the City Manager accepts such
an offer, whether the acceptance is before or after-the effective date of this ordinance,the
credit shall be determined and provided in the following manner:
(a) Credit for the dedication of land shall be valued at:
Opa-locka Public Safety Impact Fee Ordnance Page 7
(i) 115%of the most recent assessed value by the Property Appraiser, or
(ii) by such other appropriate method as the City Commission may have
accepted prior to the effective date of this ordinance for particular Public
Safety improvements,or
(iii) by fair market value established by private appraisers acceptable to
the City. Credit for the dedication of Public Safety land shall be provided
when the property has been conveyed at no charge to,and accepted by,the
City in a manner satisfactory to the City Commission.
(b) Applicants for credit for construction of Public Safety improvements shall
submit acceptable engineering drawings and specifications,and construction cost
estimates to the City Manager. The City Manager shall determine credit for
construction based upon either these cost estimates or upon alternative
engineering criteria and construction cost estimates if the City Manager
determines that such estimates submitted by the applicant are either unreliable or
inaccurate. The City Manager shall provide the applicant with a letter or
certificate setting forth the dollar amount of the credit,the reason for the credit,
and the legal description or other adequate description of the project or
development to which the credit may be applied. The applicant must sign and
date a duplicate copy of such letter or certificate indicating his/her agreement to
the terms of the letter or certificate ate and return such signed document to the City
Manager before credit will be given.The failure of the applicant to sign,date,and
return such document within sixty(60)days shall nullify the credit.
(c) Except as provided in subparagraph(d),Credit against impact fees otherwise
due will not be provided until:
(i) the construction is completed and accepted by the City, the County, or
the State,whichever is applicable;
(ii) a suitable maintenance and warranty bond is received and approved by
the City Clerk of the City of Opa-locka,when applicable.
(d)Credit may be provided before completion of specified Public Safety improve-
ments if adequate assurances are given by the applicant that the standards set out
in Subparagraph(c)will be met and if the feepayer posts security as provided
below for the costs of such construction. Security in the form of a performance
bond, irrevocable letter of credit or escrow agreement shall be posted with and
approved by the City Clerk of the City of Opa-locka in an amount determined by
the City Manager. If the Public Safety construction project will not be constructed
Opa-locka Public Safety Impact Fee Ordnance Page 8
within one(1)year of the acceptance of the offer by the City Manager, the
amount of the security shall be increased by ten per cent(10%)compounded, for
each year of the life of the security. The security shall be reviewed and approved
by the City Commission prior to acceptance of the security. If the Public Safety
construction project is not to be completed within 5 years of the date of the fee-
payer's offer,the City Commission must approve the Public Safety construction
project and its scheduled completion date prior to the acceptance of the offer by
the City Manager.
(2) Any claim for credit must be made no later than the time of application for a building
permit. Any claim not so made shall be deemed waived.
(3) Determinations made by the City Manager pursuant to the credit provisions of this
section may be appealed to the City Commission by filing a written request with the City
Manager within ten(10)days of the City Manager's determination.
Section Thirteen: Review
The fees contained in Section Seven(A)shall be reviewed by the City Commission at
least once each fiscal biennium.
•
Section Fourteen:Pena1y Provision
A violation of this ordinance shall be prosecuted in the same manner as misdemeanors are
prosecuted and upon conviction the violator shall be punishable according to law;however,in
addition to or in lieu of any criminal prosecution,the City of Opa-locka shall have the power to
sue in civil court to enforce the provisions of this ordinance.
Section Fifteen: Repealer Provision
All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict.
Section Sixteen: Severability
If any section,phrase, sentence or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction,such portion shall be deemed a
separate,distinct and independent provision,and such holding shall not affect the validity of the
remaining portions thereof.
Opa-locka Public Safety Impact Fee Ordnance
Page 9
Section Seventeen:Effective Date
This ordinance shall become effective on December 22,2004.
PASSED AND DULY ADOPTED THIS 22 Day of SEPT. 2004.
..(1—Y;X"
MAYOR
ATTEST: Approved as to form and legal sufficiency:
` .10k �
CITY LERK C
A
9 /601-
DATE
Moved by: COMMISSIONER TYDUS
Second by VICE MAYOR JOHNSON
Commission Vote: 4-0
Commissioner Tydus YES
Commission Holmes: YES
Vice-Mayor Johnson: YES
Mayor Kelley: YES
Opa-locka Public Safety Impact Fee Ordnance Page 10
1"Reading/Public Hearing: SEPTEMBER 8, 2004
2nd Reading/Public Hearing: SEPTEMBER 22, 2 0 0 4
Adopted: SEPTEMBER 22, 2004
Effective Date: DECEMBER 22, 2004
Sponsored by: City Manager
ORDINANCE NO. 04-11
PARK IMPACT FEE ORDINANCE
AN ORDINANCE OF THE CITY OF OPA-LOCKA,FLORIDA RELATING
TO THE REGULATION OF THE USE AND DEVELOPMENT OF LAND IN
THE INCORPORATED AREAS OF THE CITY OF OPA-LOCKA,FLORIDA;
IMPOSING AN IMPACT FEE ON LAND DEVELOPMENT IN THE CITY OF
OPA-LOCKA FOR PROVIDING NEW PARKS AND RELATED FACILITIES
NECESSITATED BY SUCH NEW DEVELOPMENT;STATING THE
AUTHORITY FOR ADOPTION OF THE ORDINANCE;PROVIDING
DEFINITIONS;PROVIDING FINDINGS AND DECLARATIONS OF THE
CITY COMMISSION;PROVIDING FOR THE PAYMENT AND TIME OF
PAYMENT OF A PARK IMPACT FEE;PROVIDING FOR REVIEW OF PARK
•
• IMPACT FEES AND THE FEE SCHEDULES;PROVIDING FOR THE
•
ESTABLISHMENT OF PARK IMPACT FEE DISTRICTS;PROVIDING FOR
. THE PLACEMENT OF REVENUE COLLECTED FROM PARK IMPACT
FEES INTO PARK IMPACT FEE TRUST FUNDS ESTABLISHED FOR THAT
PURPOSE;PROVIDING FOR EXEMPTIONS AND CREDITS;PROVIDING
FOR REFUND OF UNEXPENDED FUNDS;PROVIDING FOR USE OF
FUNDS DERIVED FROM PARK IMPACT FEES; PROVIDING THAT PARK
IMPACT FEES MAY BE PLEDGED TOWARD PAYMENT OF BOND
ISSUES AND SIMILAR DEBT INSTRUMENTS;PROVIDING FOR
PENALTIES FOR VIOLATION OF THIS ORDINANCE;CONTAINING A
REPEALER PROVISION,SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COMMISSION THE CITY OF OPA-LOCKA,FLORIDA:
Section One: Legislative Findings
The City Commission of the City of Opa-locka finds, determines and declares:
•
A. The City of Opa-locka must expand its park system in order to maintain current park
standards if new development is to be accommodated without decreasing current standards. This
must be done in order to promote and protect the public health, safety and welfare.
Park Impact Fee Ordinance Page 1
B. The Florida Legislature through the enactment of Florida Statutes Chapter 163 II has
sought to encourage the City of Opa-locka to enact impact fees;The Florida Legislature,through
the enactment of Florida Statutes Chapter 163.3202 (3),has sought to encourage Opa-locka to
enact impact fees.
C. The imposition of impact fees is one of the preferred methods of ensuring that
development bears a proportionate share of the cost of capital facilities necessary to
accommodate such development.This must be done in order to promote and protect the public
health,safety and welfare;
D. Each of the types of land development described in Section Seven hereof will create
demand for the acquisition or expansion of parks and the construction of park improvements.
E. The fees established by Section Seven are derived from,are based upon,and do not
exceed the costs of providing additional park and park improvements necessitated by the new
land developments for which the fees are levied.
F. The report entitled"Methods and Data Used to Calculate Police,Park&Recreation and
Public Works Impact Fees",dated,July 19,2004,sets forth a reasonable methodology and
analysis for the determination of the impact.of new development on the need for and costs for
additional parks and park improvements in the City of Opa-locka.
Section Two:Short Title.Authority and Applicability,.
A. This ordinance shall be known and may be cited as the"The City of Opa-locka Park
Impact Fee Ordinance."
B. The City Commission of the City of Opa-locka has the authority to adopt this
ordinance pursuant to Article N of the Constitution of the State of Florida,and Chapter 166 of
the Florida Statutes.
C. This ordinance shall apply in the incorporated area of the City of Opa-locka.
Section Three: Intents and Purposes
A. This ordinance is intended to assist in the implementation of the City of Opa-locka
Comprehensive Plan.
B. The purpose of this ordinance is to regulate the use and development of land so as to
assure that new development bears a proportionate share of the cost of capital expenditures
necessary to provide parks and park improvements in the City of Opa-locka.
Park Impact Fee Ordinance Page 2
Section Four:Rules of Construction
A. The provisions of this ordinance shall be liberally construed so as to effectively carry
out its purpose in the interest of the public health,safety and welfare.
B. For the purposes of administration and enforcement of this ordinance,unless otherwise
stated in this ordinance,the following rules of construction shall apply to the text of this ordi-
nance:
(1)In case of any difference of meaning or implication between the text of this
ordinance and any caption,illustration,summary table,or illustrative table,the
text shall control.
(2)The word"shall"is always mandatory and not discretionary the word"may" is
permissive.
(3)Words used in the present tense shall include the future;and words used in the
singular number shall include the plural, and the plural the singular,unless the
context clearly indicates the contrary.
(4)The phrase"used for"includes"arranged for", "designed for", "maintained
for",or"occupied for".
(5)The word"person"includes an individual,a corporation,a partnership,an
incorporated association,or any other similar entity.
(6)Unless the context clearly indicates the contrary,where a regulation involves •
two(2)or more items,conditions,provisions,or events connected by the conjunc-
tion"and", "or"or"either...or",the conjunction shall be interpreted as follows:
(a)"And"indicates that all the connected terms,conditions,provisions or
events shall apply.
(b)"Or"indicates that the connected items,conditions,provisions or
events may apply singly or in any combination.
(c) "Either...or"indicates that the connected items,conditions, provisions
or events shall apply singly but not in combination.
(7)The word"includes"shall not limit a term to the specific example but is
intended to extend its meaning to all other instances or circumstances of like kind
or character.
(8) "City Manager" means the City Manager municipal officials he/she may
designate to carry out the administration of this ordinance.
Park Impact Fee Ordinance Page 3
Section Five: Definitions
A. A"feepayer"is a person applying for the issuance of a building permit.
B. "Building permit for a residential building"is the approval issued by the City of Opa-
locka that authorizes the construction or placement of a building,dwelling,mobile home,
recreational vehicle or other structure on a site,where the purposes of the building or structure is
for the occupancy by humans. This would include temporary as well as permanent occupancy.
C. A"capital improvement"includes parks planning, land acquisition,site
improvements,buildings,and equipment,but excludes maintenance and operation.
D. "Development Order"means a regulatory approval by the City of Opa-locka.
E. "Private recreational facility"is any recreational facility which is not owned by or
dedicated to any governmental entity.
Section Six: Imposition of Park Impact Fee_
A. Any person who,after the effective date of this Ordinance,seeks to develop land
within the City of Opa-locks,Florida,by applying for a building permit for a residential building
is hereby required to pay a park impact fee in the manner and amount set forth in this ordinance. .
B. No new residential building permit for any activity requiring payment of an impact
fee pursuant to Section Seven of this ordinance shall be issued unless and until the park impact
fee hereby required has been paid.
C. No extension of a residential building permit issued prior to the effective date of this
Ordinance for any activity requiring payment of an impact fee pursuant to Section Seven of this
ordinance shall be granted unless and until the park impact fee hereby required has been paid.
Section Seven: Computation of the Amount of Park Impact Fee
A. At the option of the feepayer,the amount of the park impact fee may be determined by
the following fee schedule.
Park Impact Fee Schedule
Residential Floor Area
Cost Per Sq.Ft. $0.722
Park Impact Fee Ordinance Page 4
(1) If a building permit is requested for mixed uses,then the fee shall be determined
through using the above schedule by apportioning the space committed to uses specified
on the schedule.
(2) If the type of development activity that a residential building permit is applied for is
not specified on the above fee schedule,the City Manager shall use the fee applicable to
the most nearly comparable type of land use on the above fee schedules. The City
Manager shall be guided in the selection of a comparable type by the City of Opa-locka
Comprehensive Plan,supporting documents of the City of Opa-locka Comprehensive
Plan,and the City of Opa-locka Zoning Ordinance. If the City Manager determines that
there is no comparable type of land use on the above fee schedule then the City Manager
shall determine the appropriately discounted fee by considering demographic or other
documentation which is available from State, local and regional authorities.
(3) In the case of change of use,redevelopment,or expansion or modification of an
existing use which requires the issuance of a residential building permit,the impact fee
shall be based upon the net positive increase in the impact fee for the new use as
compared to the previous use. The City Manager shall be guided in this determination by
the sources and agencies listed above.
B. If a feepayer opts not to have the impact fee determined according to paragraph(A)of
this section,then the feepayer shall prepare and submit to the City Manager an independent fee
calculation study for the land development activity for which a building permit is sought. The
documentation submitted shall show the basis upon which the independent fee calculation was
made. The City Manager shall consider the documentation submitted by the feepayer but is not
required to accept such documentation as he/she shall reasonably deem to be inaccurate or not •
reliable and may,in the alternative,require the feepayer to submit additional or different docu-
mentation for consideration. Wan acceptable independent fee calculation study is not presented,
thy feepayer shall pay park impact fees based upon the schedule shown in paragraph(A)of this
section. If an acceptable independent fee calculation study is presented,the City Manager may
adjust the fee to that appropriate to the particular development. The adjustment may include a
credit against the fee otherwise payable up to three(3%)for private recreational facilities
constructed or deed restricted or otherwise set aside for recreational purposes by the feepayer
which serve the same purposes and functions as set forth for public parks in the City of Opa-
locka Comprehensive Plan. Determinations made by the City Manager pursuant to this
paragraph may be appealed to the City Commission by filing a written request with the City
Manager within ten(10)days of the City Manager's determination.
Section Eight:Payment of Fee
A. The feepayer shall pay the park impact fee required by this ordinance to the City
Manager or his/her designee prior to the issuance of a residential building permit.
B. All funds collected shall be properly identified by park impact fee district and
promptly transferred for deposit in the appropriate Park Impact Fee Trust Fund to be held in
Park Impact Fee Ordinance Page 5
separate accounts as determined in Section Ten of this ordinance and used solely for the purposes
specified in this ordinance.
Section Nine: Park Impact Fee Districts
There are hereby established four(4)park impact fee districts as shown in Appendix I
attached hereto and incorporated herein by reference.
Section Ten:Park Impact Fee Trust Ftdpds Established
A. There are hereby established four(44 separate Park Impact Fee Trust Funds,one for
each park impact fee district established by Section Nine of this Ordinance.
B. Funds withdrawn from these accounts must be used in accordance with the provisions
of Section Eleven of this ordinance.
Section Eleven: Use of Funds
A. Funds collected from park impact fees shall be used solely for the purpose of
acquiring and/or making capital improvements to parks under the jurisdiction of the City of Opa-
locka,the County,or the State of Florida, and shall not be used for maintenance or operations.
B. Funds shall be used exclusively for acquisitions,expansions,or capital improvements
within the park impact fee district as identified in Appendix I,hereto,from which the funds were
collected or for projects in other park impact fee districts which are of benefit to the park impact
district from which the funds were collected. Funds shall be expended in the order in which they
are collected.
C. In the event that bonds or similar debt instruments are issued for advanced provision
of capital facilities for which park impact fees may be expended,impact fees may be used to pay
debt service on such bonds or similar debt instruments to the extent that the facilities provided
are of the type described in paragraph A above and are located within the appropriate impact fee
districts created by Section Nine of this ordinance or as provided in paragraph B of this section.
D. At least once each fiscal period the City Manager shall present to the City
Commission a proposed capital improvement program for parks,assigning funds, including any
accrued interest,from the several Park Impact Fee Trust Funds to specific park improvement
projects and related expenses. Monies,including any accrued interest,not assigned in any fiscal
period shall be retained in the same Park Impact Fee Trust Funds until the next fiscal period
except as provided by the refund provisions of this ordinance.
E. Funds may be used to provide refunds as described in Section Twelve.
Park Impact Fee Ordinance Page 6
Section Twelve: Refund of Fees Paid
A. If a residential building permit expires without commencement of construction,then
the feepayer shall be entitled to a refimd,without interest,of the impact fee paid as a condition
for its issuance except that the City shall retain three percent(3%)of the fee to offset a portion
of the costs of collection and refund.The feepayer must submit an application for such a refund
to the City Manager thirty(30)days prior to the expiration of the permit.
B. Any funds not expended or encumbered by the end of the calendar quarter
immediately following six(6)years from the date the park impact fee was paid shall,upon
application of the then current landowner,be returned to such landowner with interest at the rate
•
of three percent(3 %)per annum,provided that the landowner submits an application for a
refund to the City Clerk of the City of Opa-locka within 180 days of the expiration of the six year
period.
Section Thirteen:Exe miens an Credits
A. The following shall be exempted from payment of the impact fee:
(1) Alterations or expansion of an existing building where no additional residen-
tial units are created and where the use is not changed.
•
(2) The construction of accessory buildings or structures.
(3) The replacement of a destroyed or partially destroyed building or structure
with a new building or structure of the same size and use.
(4) The installation of a replacement mobile home on a lot or other such site
when a park impact fee for such mobile home site has previously been paid
pursuant to this ordinance or where a mobile home legally existed on such site on
or prior to the effective date of this Ordinance.
(5) The construction of any non-residential building or structure or the installa-
tion of a non-residential mobile home.
Any claim of exemption must be made no later than the time of application for a building
permit. Any claim not so made shall be deemed waived.
B. Credits:
(1). Park land and/or park capital improvements may be offered by the feepayer
as total or partial payment of the required impact fee. The offer must specifically
Park Impact Fee Ordinance Page 7
request or provide for a park impact fee credit.If the City Manager accepts such
an offer,whether the acceptance is before or after the effective date of this
ordinance,the credit shall be determined and provided in the following manner:
(a). Credit for the dedication of land shall be valued at(i) 115%of the
most recent assessed value by the Property Appraiser,or(ii)by such other
appropriate method as the City Commission may have accepted prior to
the effective date of this ordinance for particular park improvements,or
(iii)by fair market value established by private appraisers acceptable to the
City. Credit for the dedication of park land shall be provided when the
property has been conveyed at no charge to,and accepted by,the City in a
manner satisfactory to the City Commission.
(b). Applicants for credit for construction of park improvements shall
submit acceptable engineering drawings and specifications, and construc-
tion cost estimates to the City Manager. The City Manager shall deter-
mine credit for construction based upon either these cost estimates or upon
alternative engineering criteria and construction cost estimates if the City
Manager determines that such estimates submitted by the applicant are
either unreliable or inaccurate. The City Manager shall provide the appli-
cant with a letter or certificate setting forth the dollar amount of the credit,
the reason for the credit,and the legal description or other adequate
description of the project or development to which the credit may be
applied. The applicant must sign and date a duplicate copy of such letter
or certificate indicating his/her agreement to the terms of the letter or cer-
tificate and return such signed document to the City Manager before credit
will be given.The failure of the applicant to sign,date,and return such
document within 60 days shall nullify the credit.
(c). Except as provided in subparagraph(d),Credit against impact fees
otherwise due will not be provided until:
(i)the construction is completed and accepted by the City,the
County or the State,whichever is applicable;
(ii)a suitable maintenance and warranty bond is received and
approved by the City Clerk of the City of Opa-locka,when applicable.
(d). Credit may be provided before completion of specified park improve-
ments if adequate assurances are given by the applicant that the standards
set out in Subparagraph(c)will be met and if the feepayer posts security as
provided below for the costs of such construction. Security in the form of
a performance bond, irrevocable letter of credit or escrow agreement shall
be posted with and approved by the City of Opa-locka in an amount deter-
Park Impact Fee Ordinance Page 8
mined by the City Manager. If the park construction project will not be
constructed within one(1)year of the acceptance of the offer by the City
Manager,the amount of the security shall be increased by ten per cent
(10%)compounded,for each year of the life of the security. The security
shall be reviewed and approved by the City Commission prior to accep-
tance of the security. If the park construction project is not to be com-
pleted within 5 years of the date of the feepayer's offer,the City
Commission must approve the park construction project and its scheduled
completion date prior to the acceptance of the offer by the City Manager.
(2). Any claim for credit must be made no later than the time of application for a building
permit. Any claim not so made shall be deemed waived.
(3). Credits shall not be transferable from one project or development to another without
the approval of the City Commission and may only be transferred to a development
within a different impact fee district upon a finding by the City Commission that the
dedication for which the credit was given benefits such different impact fee district.
(4). Determinations made by the City Manager pursuant to this paragraph may be
appealed to the City Commission by filing a written request with the City Manager with
ten(10)days of the City Manager's determination.
Section Fourteen:Review
The fee schedule contained in Section Seven(A)shall be reviewed by the City
Commission at least once each fiscal biennium.
Section Fifteen: Penalty Provision
A violation of this ordinance shall be prosecuted in the same manner as misdemeanors are
prosecuted and upon conviction the violator shall be punishable according to law;however,in
addition to or in lieu of any criminal prosecution the City of Opa-locka shall have the power to
sue in civil court to enforce the provisions of this ordinance.
Section Sixteen: Repealer Provision
All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of
such conflict.
Section Seventeen: Severability
If any section,phrase,sentence or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction,such portion shall be deemed a
separate,distinct and independent provision, and such holding shall not affect the validity of the
Park Impact Fee Ordinance Page 9
remaining portions thereof.
Section Eighteen: Effective Date:,
This ordinance shall become effective on December 22,2004.
PASSED AND DULY ADOPTED THIS 22 Day of SEPT. 2004.
MAY R
ATTEST: Approved as to form and legal sufficiency:
/" ' U
CITY LE'
D,1 u�
oo1
DATE
Moved by: VICE MAYOR JOHNSON
Second by: COMMISSIONER TYDUS
C9mmission Vote 4-0
Commissioner Tydus: YES
Commissioner Holmes: YES
Vice-Mayor Johnson: YES
Mayor Kelley: YES
Park Impact Fee Ordinance Page 10
APPENDIX I
PARKS AND RECREATION
The Opa locka inventory of park facilities yields a ratio of 0.566 acres of parks per
1,000 population. Available data show a facility cost per capita of$223.29. The facil-
ity cost table shows that this cost may be an understatement. However,this understated
cost is all that can be supported with available data.
PARK AND RECREATIONAL FACB.ITY COSTS
CITY OF OPA-LOCKA
2004
PARK ACRES
-LAND IMPROVE- TOTAL
VALUE MENT VALUE VALUE
Sherbondy Park 3.260 $500,000 8591,000 $1,091,000 -
Waehinptcn Tot Lot 0.250 - $150,000 $35,000 $185,000
Sepal Park(Helen Mier)Center 2.450 $500,000 $882,000 $1,162,000
Ingram Park 25.505 $018,527 8208,919 $1,127,446
TOTAL 31.555 _ $2,068,527 _ $1,498,919 $3,565,446
PER 1,000 POPULATION 2.049
PER CAPITA 8231.57 '
RESIDENTIAL FLOOR AREA 4,937,287
COST PER Sq.Ft. $0.722
SOURCE:City of Opa-locka,May 2003 and July 2004.
Future updates should be able to incorporate more data and provide more complete fa-
cility costs.
There are no existing data that suggest that non-residential developments either place
demands upon or benefit from Opa-locka's system of park and recreation facilities.
Sponsored by: Vice Mayor Kelley
RESOLUTION NO. 14-8741
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA,FLORIDA,AUTHORIZING THE CITY MANAGER
TO OBTAIN A SECURITY PATROL FOR SEGAL PARK, AND
FURTHER TO RATIFY PRIOR EXPENSES FOR SAME,
PAYABLE FROM ACCOUNT NUMBER 72-572461, A NON-
BUDGETED ITEM; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS,the City of Opa-locka("City")seeks to secure safety patrol services for Segal
Park; and
WHEREAS, the City Commission of the City of Opa-locka desires to authorize the City
Manager to obtain security for Segal Park,and further to ratify and authorize prior expenses incurred
for same, not covered under the City Manager's authority.
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka, Florida, hereby directs and
authorizes the City Manager to obtain security patrol services for Segal Park,and further ratifies and
authorizes expenses incurred for same,not covered under the City Manager's authority,payable from
Account Number 72-572461, a non-budgeted item, and in addition directs and authorizes the City
Manager to obtain Security Patrol Services for the Public Works Department site.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 8th day of January, 2014.
Resolution No. 14-8741
Y' • if"; YLOR
MAYOR
Attest to: Approved as to form and legal sufficiency:
(I-A 4 1 itika I
Jo. A a Flores Joss h S. Geller
City! lerk G' ' ENSP U ON MARDER, PA
•i' Attorney
Moved by: COMMISSIONER JOHNSON
Seconded by: COMMISSIONER SANTIAGO
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Santiago: YES
Vice-Mayor Kelley: YES
Mayor Taylor: YES