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Home My WebLink AboutCity of Tamarac Ordinance O-1998-006Temp. Ord. #1 777 1 12/ 10/96 Revision #4 01/29/98 Revision #5 02/03/98 Revision #6 02/04/98 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-98-� AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING TAMARAC CODE §10- 290 BY ADDING §10-290(d) ESTABLISHING RESTRICTIONS ON USAGE OF FUTURE TRAFFIC SIGNALIZATION NEEDS IMPACT FEES COLLECTED PURSUANT TO DEVELOPER'S AGREEMENTS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac has collected approximately Three Hundred Forty - Two Thousand Fifty -Four Dollars ($342,054.00) in the years from August, 1982 through March, 1986 in Future Traffic Signalization Needs impact fees ("impact fees") to defray the cost of installing new traffic signals as developed areas experienced increases in traffic flow; and WHEREAS, the Finance Department has researched the collection of these impact fees and has found these fees to have been voluntarily given based on developers' agreements with the City of Tamarac and adopted by the City Commission by resolution; and WHEREAS, any impact fees not collected pursuant to developers' agreements are hereby authorized by the City Commission retroactively through this Ordinance; and WHEREAS, the City of Tamarac currently has the impact fees held in escrow as the CODING: Words in ,.truck thmugk type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #1777 2 12/10/96 Revision #4 01/29/98 Revision #5 02/03/98 Revision #6 02/04/98 impact fees were not used for traffic signalization due to the acquisition of traffic signalization maintenance by the Broward County Traffic Engineering Division; and WHEREAS, the City of Tamarac intends to restrict the usage of the impact fees collected to construction or improvement of roads, streets, highways and bridges on the City's network system as provided in Tamarac Code §10-292; and WHEREAS, unless there is a prior agreement to the contrary, any developer who may be entitled to a refund of impact fees may petition the City Commission within one (1) year from the date on which this Ordinance becomes effective, in the manner prescribed by Tamarac Code §§10-293(d) and a refunding schedule approved by the City of Tamarac; and WHEREAS, the Finance Department requests that an Ordinance clearly specifying the disposition of the impact fees collected be adopted; and WHEREAS, the Assistant City Manager/Director of Finance and Director of Public Works recommend approval; and WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interest of the citizens and residents of the City of Tamarac that Tamarac Code §10- 290 be amended by adding §10-290(d), establishing that the Future Traffic Signalization Needs impact fees collected be used toward construction or improvement of roads, streets, highways and bridges on the City's network system as provided in Tamarac Code §10-292. CODING: Words in stmek thmugh type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #1777 3 12/10/96 Revision #4 01/29/98 Revision #5 02/03/98 Revision #6 02/04/98 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing whereas clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: Tamarac Code §10-290 be amended as follows: (d) Any Future Traffic Signalization Needs impact fees collected from August, 1982 through March, 1986, not subject to refund by prior agreement and/or not refunded one (� year from the date on which this Ordinance becomes effective, are to be used for the purpose of construction or improvement of roads streets highways and bridges on the City's network system as provided in Tamarac Code §10-292, as amended. SECTION 3: It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered, relettered and the word "Ordinance" may be changed to "Section," "Article" or such other word or phrase in order to accomplish such intention. SECTION 4: All Ordinances or parts of Ordinances, and Resolutions or parts CODING: Words in stF •through type are deletions from existing law; Words in underscored type are additions. 1 1 Temp. Ord. #1777 4 12/10/96 Revision #4 01/29/98 Revision #5 02/03/98 Revision #6 02/04/98 of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 6: passage and adoption. This Ordinance shall become effective immediately upon its r% PASSED, FIRST READING this day of Vtl PASSED, SECOND READING this.26 day of ATTEST: PATRICIA MARCURIO ASSISTANT CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. qklc�liil , 1998. , 1998. _i�� i ` s - RECORD OF COMVIISS M V01T MAYOR SCHREIBER „�- DIST 1: COMM. MIKAYE DIST 2: V/tit MISHKIN f DIST 3: COMM. SULTANO DIST 4: COMM. ROBERTS CODING: Words in AFUel( thFeUgh type are deletions from existing law; Words in underscored type are additions.