18-3013 Establishing A Vested Rights Procedure for Vesting from Educational System Impact Fees

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RESOLUTION 18-3013 A RESOLUTION OF THE CITY OF CASSELBERRY, FLORIDA, ESTABLISHING A VESTED RIGHTS PROCEDURE FOR VESTING FROM EDUCATIONAL SYSTEM IMPACT FEES UNDER SEMINOLE COUNTY ORDINANCE 2018-1; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, on January 8, 2018 Seminole County adopted Ordinance 2018-1, which raises Educational System Impact Fees county -wide; and WHEREAS, the ordinance provides that, prior to April 10, 2018, the County and the cities in Seminole County may enter into written vested rights agreements with property owners which will permit a property owner to pay the former, lower Educational System Impact Fee rates rather than the new, higher rates; and WHEREAS, the City desires to adopt a process and review criteria for entering into vested rights agreements for any property owners who seek a vested rights agreement, which will apply to Educational System Impact Fees only; and WHEREAS, the County ordinance provides that the City's vested rights agreement will be binding on the County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, AS FOLLOWS: SECTION 1. Application and Process for Vesting from Educational System Impact Fees. (1) In those situations where the application process for governmental approvals has commenced prior to April 10, 2018, but the issuance of a building permit(s) for all or part of the project will not occur until on or after April 10, 2018, an application for a Vesting Agreement may be submitted and shall include the following information: (a) The narne of the owner of the fee interest in the property and, if applicable, the name of the designated agent/applicant; (b) Proof of ownership of the property. If the applicant is not the owner of the fee title to the property, then the applicant shall present an affidavit of authority providing for the applicant's authorization to seek approval of the Vesting Agreement on behalf of the fee owner. The affidavit of authority shall be signed by the property owner and said signature shall be properly attested by a notary public;