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Item R2 BOARD OF COUNTY COMMISSIONERS Agenda Item Summary Meeting Date September 15, 2004 Division County Attorney AGENDA ITEM WORDING Public hearing of an ordinance creatIng Sec. 12.1-34(a), MCC, exempting certain affordable housing rentals from occupational license fees. ITEM BACKGROUND Certain affordable rental housing developments have received building permit and Impact fee waivers based upon meeting certain criteria to Insure that the rentals will be affordable housing. The proposed ordinance would complement the exIsting fee waivers and provide additional monetary relief to provIders of much needed housing. ITEM BACKGROUND PREVIOUS RELEVANT BOCC ACTION Approval to advertise for one public hearing at the August 18, 2004 meeting. CONTRACT I AGREEMENT CHANGES STAFF RECOMMENDATIONS Approval. TOTAL COST BUDGETED Yes No COST TO COUNTY SOURCE OF FUNDS APPROVED BY: County Attorney _ OMB/Purchasing Risk Management DIVISION DIRECTOR APPROVAL: (1o~ ~ o8/z.-d~ ~ JOHN R. COLUNS DOCUMENTATION: Included AGENDA ITEM # '!<:L ORDINANCE NO. - 2004 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING SECTION 12.1, MONROE COUNTY CODE, AND CREAnNG SECTION 12.1-34(a), MONROE COUNTY CODE, EXEMPnNG CERTAIN AFFORD~BLE HOUSING RENTALS FROM OCCUPAnONAL UCENSE FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORAnON INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Monroe County Code Section 6-27 and 9.5-490.2(h) provide for the waiver or deferment of building permit and impact fees; and WHEREAS, it is deemed in the best interest of the public that all efforts be made to accommodate and encourage the establishment of affordable housing; and WHEREAS, no provision exists in the county code for the County Commission to waive the occupational license fee for rental of affordable housing apartments; now; therefore BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Sec. 12.1-34(a), Monroe County Code, is hereby created to read as follows: (2) Any not-for-proflt organization qualified under the Internal Revenue Service laws as a 501(c)(3) organization which has previously obtained from Monroe County a local' government fee waiver of the building permit fees and Impact fees exacted by Monroe County Code for affordable rental housing development shall not be required to pay an occupational tax for the rental of the housing for which such building permit fee and impact fee waivers have been approved. Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such Invalidity . Section 3. All ordinances or parts of ordinances In conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. The provisions of this ordinance shall be Included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 5. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of , 2004. Mayor Nelson Mayor Pro Tern Rice Commissioner McCoy Commissioner Neugent Commissioner Spehar (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairperson jordAHwalvefees