21-1556 - Amending Chapter 53, Fire and Rescue

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ORDINANCE 21-1556 AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA, RELATING TO FIRE AND RESCUE IMPACT FEES, AMENDING PART II, CODE OF ORDINANCES, CHAPTER 53, IMPACT FEES, SECTION 53- 5, FEES IMPOSED, TO REVISE AND UPDATE FIRE AND RESCUE IMPACT FEES IN ACCORDANCE WITH THE FIRE AND EMERGENCY MEDICAL SERVICES INTERLOCAL AGREEMENT BETWEEN SEMINOLE COUNTY AND THE CITY OF CASSELBERRY; PROVIDING FOR CODIFICATION, CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Casselberry (City) and Seminole County (County) entered into the Fire and Emergency Medical Services Interlocal Agreement Between Seminole County and the City of Casselberry, dated December 22, 2014, and was amended by a First Amendment to the Interlocal Agreement, on February 14, 2017, to provide for consolidation with the County for fire safety services; and WHEREAS, the First Amendment provides that if the County increases their impact fees, the City will adopt an ordinance to increase their Fire and Rescue impact fees by the same amount; and WHEREAS, by Ordinance 2021-27, on June 29, 2021, the County adopted an ordinance increasing their fire impact fees, therefore the City is adopting this ordinance to fulfill the City's obligations under the First Amendment; and WHEREAS, the County prepared the Seminole County Impact Fee Update Study Fire Rescue and Library Facilities, dated June 22, 2021, based on the findings in that study, the County updated its code of ordinances to increase Fire and Rescue Impact Fees by more than fifty (50%) percent; and WHEREAS, Fla. Stat. 163.31801 was recently amended and effective January 1, 2021, to require that where an impact fee increase exceeds 50%, the following requirements must be met: 1) a demonstrated need study completed within the last twelve (12) months justifying the increase in excess of 50%; 2) the jurisdiction must hold at least two (2) publicly noticed workshops dedicated to the extraordinary circumstances necessitating the need to exceed the 50% limit; 3) the impact fee increase ordinance must be approved by at least a two-thirds (2/3) vote of the governing body; and WHEREAS, the County fully complied with the statutory requirements, having approved a study delineating the extraordinary circumstances, having held two (2) workshops and having adopted their ordinance by a two-thirds vote of the Board of County Commissioners; and