HomeMy WebLinkAboutResolution 1994-34•
RESOLUTION FAILED BY A 2 -3 VOTE AT THE REGULAR CITY
COUNCIL MEETING HELD ON TUESDAY, AUGUST 2, 1994.
RESOLUTION NO. 94 -34
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; AUTHORIZING THE
PAYMENT OF IMPACT FEES IMPOSED BY SECTIONS 2-
231 THROUGH 2 -237 TO BE PAID BY IN -KIND
CONTRIBUTIONS BY DISCOVERY BAY DEVELOPMENT,
INC. FOR THE PAVING OF APPROXIMATELY THREE
HUNDRED FORTY (340) FEET OF TOWER BOULEVARD;
PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Section 2- 234(a) of the City Code of Ordinances
of the City of Cape Canaveral provides that impact fees imposed or
levied pursuant to Sections 2 -231 through 2 -237 of the City Code of
Ordinances shall be paid in legal tender unless the City Council
accepts an in -kind contribution of real or personal property for
public use which serves the same public purposes as those set forth
for which impact fees are imposed;
WHEREAS, Discovery Bay Development, Inc. proposes to pay such
impact fees by an in -kind contribution of providing pavement for
approximately three - hundred forty (340) feet of Tower Boulevard, a
public right -of -way.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Cape Canaveral, Florida, as follows:
Section 1. Findings. The City Council finds that Discovery
Bay Development, Inc. has made a proposal to the City to pave
approximately three hundred forty (340) feet of the public right-
of-way on Tower Boulevard from a point along State Road A1A where
the pavement currently ceases to the east entrance of Discovery Bay
in lieu of payment of approximately Twelve Thousand Nine Hundred
r
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City of Cape Canaveral, Florida
Resolution No. 94 -34
Page 2
Eighty Four Dollars and Twenty Five Cents ($12,984.25) of impact
fees levied or to be levied upon the Discovery Bay Development.
The City Council finds that the in -kind contribution proposed by
Discovery Bay Development, Inc. serves the same public purpose as
one of those purposes for which impact fees are imposed. The City
Council further finds that the cost of said paving is Twelve
Thousand Nine Hundred Eighty Four Dollars and Twenty Five Cents
($12,984.25) which reflects the fair market value of such in -kind
contribution as of the effective date of this Resolution.
Section 2. Acceptance. The City Council shall accept an in-
kind contribution of the paving of approximately three hundred
• forty (340) feet of the public right -of -way on Tower Boulevard from
the point where the pavement currently ends near State Road A1A to
the East entrance of the Discovery Bay Development as payment for
impact fees imposed by Sections 2 -231 through 2 -237 of the City
Code of Ordinances. The entire cost of the permitting and paving
will be borne by Discovery Bay Development, Inc. The City will
credit Discovery Bay Development, Inc. with a total of Twelve
Thousand Nine Hundred Eighty Four Dollars and Twenty Five Cents
($12,984.25) toward impact fees assessed on each lot in the
Discovery Bay Development. In no event shall Discovery Bay
Development, Inc. be entitled to any refund in the event Discovery
Bay Development, Inc. fails to incur impact fees in an amount equal
to Twelve Thousand Nine Hundred Eighty Four Dollars and Twenty Five
• Cents ($12,984.25).
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City of Cape Canaveral, Florida
Resolution No. 94 -34
Page 3
Section 3. The effective date of this Resolution shall be
immediately upon adoption.
Adopted by the City of Cape Canaveral, Brevard County, Florida
this day of , 1994.
Attest:
Faith G. Miller, CITY CLERK
Approved as to Form:
John Kancilia, CITY ATTORNEY
Joy C. Salamone, Mayor
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