HomeMy WebLinkAboutcocc_resolution_no_2020-21_20200915RESOLUTION NO. 2020-21
A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA; DUE
TO THE ECONOMIC UNCERTAINTY ASSOCIATED WITH THE COVID-19
PANDEMIC EMERGENCY, TEMPORARILY MODIFYING THE PAYMENT TERMS
FOR CITY IMPACT FEES TO BE MADE PAYABLE NO LATER THAN THE TIME OF
ISSUANCE OF A CERTIFICATE OF OCCUPANCY; TEMPORARILY EXTENDING
THE REDUCING OR WAIVING OF CERTAIN CITY FEES DESCRIBED IN
RESOLUTION NO. 2020-12; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, this Resolution is adopted in accordance with the emergency powers vested
in the City of Cape Canaveral pursuant to Chapter 252, Florida Statutes, Chapter 18 of the City
Code and other applicable law (hereinafter referred to as "City's Emergency Powers"); and
WHEREAS, the City Council previously adopted Emergency Resolution No. 2020-09 in
response to the COVID-19 Pandemic Federal and State Emergency; and
WHEREAS, the City Council finds that the COVID-19 Pandemic Emergency has had a
negative economic impact on the world economy including the residents and businesses of Cape
Canaveral; and
WHEREAS, Section 2-234(b) of the City Code currently requires payment of City impact
fees at the time of issuance of a building permit for new construction; and
WHEREAS, the City Council desires to afford economic relief to residents and businesses
engaging in new construction in the City of Cape Canaveral by exercising the City's Emergency
Powers and temporarily suspending the payment of City impact fees at the time of issuance of a
building permit and require that such fees be paid in full no later than the time of issuance of a
certificate of occupancy for new construction; and
WHEREAS, the City Council previously adopted Resolution No. 2020-12 reducing or
waiving certain City fees described in said resolution until September 30, 2020 and now desires,
for consistency purposes, to temporarily extend the reduction or waiver until terminated in the
same manner as prescribed in this Resolution; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Resolution to be in the best interest of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The following recitals are true and correct and hereby fully
incorporated herein by this reference as part of this Resolution.
Section 2. Payment of City Impact Fees. During the time period that this Resolution
remains in effect, the application of Section 2-234(b) is hereby suspended and substituted with
the following payment terms:
City of Cape Canaveral
Resolution No. 2020-21
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(a) For building permit applications filed with the City, all impact fees shall be paid by
certified funds no later than the time of issuance of a certificate of occupancy for such new
construction. Nothing herein shall be construed or interpreted as prohibiting an applicant from
paying the impact fees prior to this time including at the time of filing a building permit
application.
(b) No certificate of occupancy or city license shall be issued until the impact fee as
set forth in the City Code have been paid in full.
Section 3, Repeal of Prior Inconsistent Resolutions. All prior inconsistent
resolutions adopted by the City Council, or parts of resolutions in conflict herewith, are hereby
repealed to the extent of the conflict for the term of this Resolution.
Section 4, Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this resolution.
Section 5. Modifying Resolution No. 2020-12. The termination date set forth in
Resolution No. 2020-12 is hereby modified to provide that Resolution No. 2020-12 shall
automatically terminate at such time Emergency Resolution No. 2020-09 is terminated or, at such
time expressly terminated by separate resolution adopted by the City Council, whichever occurs
sooner.
Section 6. Effective Date; Termination. This Resolution shall take effect immediately
upon adoption by the City Council, and shall automatically terminate at such time Emergency
Resolution No. 2020-09 is terminated or, at such time expressly terminated by separate resolution
adopted by the City Council, whichever occurs sooner.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a Regular Meeting
duly assembled on the 15th day of September, 2020.
ATTEST:
Mia Goforth,CMC
City Clerk
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Bob Hoog, Mayor
For Against
Mike Brown X
Robert Hoog X
Mickie Kellum X
Wes Morrison Motion
Angela Raymond Second
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2020-21
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