§ 8.5-23. Findings.

It is hereby ascertained, determined and declared:

(1)

Pursuant to Article VIII, section 1(g), Florida Constitution, F.S. §§ 166.021 and 166.041, the city council has all powers of local self-government to perform municipal functions, except when prohibited by law, and such power may be exercised by the enactment of legislation in the form of city ordinances.

(2)

The council specifically finds that the city fire rescue system and city police system benefit all residents of the city and, therefore, the fire impact fee and police impact fee shall be imposed in all incorporated areas of the city.

(3)

Development and redevelopment necessitated by the growth contemplated in the comprehensive plan and the impact fee studies adopted in section 8.5-24 will require improvements and additions to the city fire rescue system and city police system to accommodate the new development generated by such growth and maintain the standards of service provided by the city.

(4)

Future growth, as represented by impact construction, should contribute its fair share to the cost of improvements and additions to the city fire rescue system and city police system that are required to accommodate the impact generated by such growth.

(5)

The required improvements and additions to the city fire rescue system and city police system needed to eliminate any deficiencies shall be financed by revenue sources of the city other than impact fees.

(6)

Implementation of the impact fees to require impact construction within the city to contribute its fair share to the cost of required capital improvements is an integral and vital element of the regulatory plan of growth management of the city.

(7)

The council expressly finds that the improvements and additions to the city fire rescue system and city police system to be funded by the fire impact fee and police impact fee, respectively, provide a benefit to all impact construction within the city that is in excess of the actual impact fees.

(8)

The purpose of this article is to regulate the development of land within the city by requiring payment of impact fees by impact construction and to provide for the cost of capital improvements to the city fire rescue system and city police system which are required to accommodate such growth. This article shall not be construed to permit the collection of impact fees in excess of the amount reasonably anticipated to offset the demand on the city fire rescue system and city police system generated by such applicable impact construction.

(Ord. No. 04-20, § 1.03, 7-27-04)