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HomeMy WebLinkAboutReso 2009-1404 -- RESOLUTION NO. 2009- 14o'-l A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, EXPRESSING STRONG CONCERNS REGARDING SB630 AND SIMILAR LEGISLATION THAT WOULD IMPOSE A MORATORIUM ON THE COLLECTION OF IMPACT FEES BY LOCAL GOVERNMENTS; URGING THE FLORIDA LEGISLATURE NOT TO PASS SUCH LEGISLATION; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, SB630 has been filed for consideration during the 2009 state legislative session by Senator Mike Bennett(r-Bradenton); and WHEREAS, SB630 would impose a three-year moratorium on the imposition and collection of impact fees for any purpose by a county or municipality form October 1, 2009 through September 30, 2012; and WHEREAS, Miami-Dade County currently collects impact fees for roads, fire and emergency services, water and sewer, police services, parks and schools; and WHEREAS, roads and school impact fees are countywide in nature, and individual municipalities also collect various other impact fees within their cities; and WHEREAS, impact fees ensure that new development bears its proportionate share of the capital cost of new infrastructure and services necessary to support the new development; and WHEREAS, SB630 or similar legislation would have a substantial fiscal impact on Miami-Dade County, including more than $20 million for road impact fees alone; and, WHEREAS, passage of SB630 or similar legislation would mean that fewer funds are available for new infrastructure projects, with corresponding losses in potential jobs; and WHEREAS, passage of SB630 or similar legislation also could have the effect of stopping infrastructure projects already planned or being constructed, with further corresponding jobs losses; and WHEREAS, a moratorium on impact fees for infrastructure improvement would create concurrency deficiencies and therefore have the unintended consequence of impeding development; and WHEREAS, studies have shown that reducing government spending by reducing fees and taxes does not stimulate the economy, that the opposite is actually true, and that spending government funds on needed infrastructure projects acts to stimulate the economy; and Expressing Strong Concerns regarding SB6JO Page I or3 WHEREAS, passage of SB630 or similar legislation would result in reduced infrastructure projects and a loss of construction jobs at time when stimulus packages are being proposed at the federal, state and local levels to increase infrastructure funding and associated jobs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. SUPPol1 of the Non-Passage of Legislation regarding SB630. The City Commission hereby expresses strong concerns regarding SB630 and similar legislation that would impose a three-year or other moratorium on the collection of impact fees by local governments and urges the legislature not to pass such legislation. Section 2. Directive to the City Clerk. The City Commission hereby directs the City Clerk to transmit a certified copy of this resolution to the Governor, Senate President, House Speaker, the Chair and Members of the Miami-Dade County State Legislative Delegation, Senator Mike Bennett, the Presiding Officer, Members, and the Executive Director of the Miami-Dade County League of Cities. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 4. Effective Date. This Resolution shall become effective upon adoption. PASSED AND ADOPTED this ATTEST: ~A~ Jane A. Hines, City Clerk Expressing Strong Concerns regarding SB630 Page 2 0 r J Moved by: 'flU v'Y\~y ljj'fJ(L.~ Seconded by: ~~ G:o()~M~ Vote: 5-0 Mayor Edelcup Vice Mayor Thaler Commissioner Ooodman Commissioner Srezin Commissioner Scholl V(Yes) l,./(Yes) V(Yes) ~{Yes) ~(Y es) _(No) _(No) _(No) _(No) _(No) Exprcssing Strong Concerns regarding SR630 Page 3 of3 Florida Senate - 2009 SB 630 By Senator Bennett 21-00812-09 2009630 1 A bill to be entitled 2 An act relating to impact fees; providing for a 3-year 3 moratorium on the imposition or collection of impact 4 fees by a county or municipality; providing for future 5 expiration of the moratorium; providing an effective 6 date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. (1) Notwithstanding any law, ordinance, or 11 resolution to the contrary, a county or municipality may not 12 impose or collect any impact fee for any purpose from October 1, 13 2009 through September 30, 2012. 14 (2) This section expires October 1, 2012. 15 Section 2. This act shall take effect July 1, 2009. Page 1 of 1 CODING: Words otriclccn are deletions; words underlined are additions. City of Sunny Isles Beach City Commission Agenda 18070 Collins Avenue Sunny Isles Beach, Florida 33160 AGENDA BILL REQUESTED ACTION The staff recommends that the City Commission adopt this Resolution opposing Senate Bill 630 which would place a moratorium on the assessment or collection of any impact fees imposed by local governments. BACKGROUND It is inappropriate for the state to interfere with the authority of local governments to operate as they see fit. The Home Rule Charter should prevail in matters such as these and the state should respect that separation of power. ADDITIONAL INFORMATION Upon adoption, this Resolution will be forwarded to the appropriate State officials. Funding required for this action: I None Source of funds: I N/A Transfer Required: I No Amount of Transfer: I N/A Transfer from account number: I N/A To account number: I N/A For the Commission Meeting of: April 16, 2009 Initials: Il{; Submitted by: Rick Conner Agenda Item Title: Acting City Manager / Number Approved by Finance Director: Doug Haag Initials: ~ Approved by Acting City Manager: Rick Conner Initials: IO~