Ordinance 2001-133 - Laserfiche WebLink

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C. Impact Fee Updates. 1.- On October 1, 2002, and on October I of each year thereafter in which the Police Facilities Impact Fee is in effect, the amount of the Police Facilities Impact Fee, per dwelling unit, per transient unit, and per 1,000 square feet of gross floor area for non-residential development, shall be automatically adjusted to account for inflationary increases in the cost of providing public facilities utilizing the most recent 20-city annual national average data from the Engineering News Record Construction Cost Index. 2. In lieu of this automatic annual adjustment, the Commission may, at its option, determine the appropriate adjustment pursuant to a report provided by the Office of the City Manager. 3. Nothing herein shall prevent the Commission from electing to retain the existing Police Facilities Impact Fee or from electing to waive the inflation adjustment for any given fiscal year, or years. Section 10. Liberal Construction. The provIslOns of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of fiirther promoting and protecting the public health, safety and welfare. Section 11. Method of Payment A. Payment Due 1. General. All payments shall be made in the following manner: a. Payment shall be made in cash or by personal check, cashier's check, or money order payable to the City of Sunny Isles Beach. All payments shall be made to the Building Official. At the sole discretion of the City Manager, the City may accept payment in escrow of the full amount of impact fees attributable to a particular land development activity, or mix of land development activities on a single parcel by the impact fees schedules, in order to allow the issuance of building and other development permits while the City makes a determination on a feepayer's claim to a fee adjustment. The escrow payment shall be made as set out above and shall be earmarked as escrowed funds, within the appropriate impact fee trust fund. No escrowed funds will be accepted which are not accompanied by a signed letter agreement, acceptable to the City Attorney's Office, stating, the purpose of the escrow and releasing the City from any claim to the escrowed funds by the feepayer or his successors if the City ultimately denies the feepayer's request for a fee adjustment. If the City subsequently approves the requested fee ad ustment the difference between the amount paid into escrow and the adjusted fee shall be returned to the feepayer. If the fee adjustment is denied, the escrowed funds shall Police hnpact Fee Ord. Legislative/Ordinance/Attorney 16