ORDINANCE NO. 118-16 AN ORDINANCE EXTENDING A MORATORIUM ON THE COLLECTION OF DEVELOPMENTAL SEWER ASSESSMENT FEES

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ORDINANCE NO.  118-16

AN ORDINANCE EXTENDING A MORATORIUM

ON THE COLLECTION OF DEVELOPMENTAL SEWER ASSESSMENT FEES

FOR EXISTING COMMERCIAL BUILDINGS AND FACILITIES

BE IT ORDAINED by the City Council (herein called the “Council”) of the City of Opelika (herein called the “City”), in the State of Alabama as follows:

Section 1. FINDINGS.  The Council hereby finds and declares that the following facts are true and correct:

On February 21, 2006, the Council adopted Ordinance 104-06 implementing developmental sewer assessment fees for connection to the City’s sewer facilities within the corporate limits of the City of Opelika.

On August 18, 2009, the Council adopted Ordinance No. 111-09 establishing a two year temporary moratorium expiring on August 18, 2011 on the collection of development sewer assessment fees from existing buildings and facilities located within the corporate limits of the City of Opelika.

On September 6, 2011, the Council adopted Ordinance No. 114-11 extending said moratorium until August 18, 2013.

On August 6, 2013, the Council adopted Ordinance No. 110-13 extending said moratorium until August 18, 2016.

There are significant economic difficulties impacting businesses within the corporate limits of Opelika and there are existing commercial facilities which are not being utilized or are under-utilized due to the cost of developing them, given the current economic circumstances.

The City wishes to encourage the development of new businesses and the expansion of existing businesses in existing commercial buildings and facilities, resulting in the creation of jobs, additional sales tax revenue to the City, additional ad valorem tax revenue to the City, additional occupational tax revenue to the City, and additional revenue from sewer customers.

(f) It is advisable to extend the moratorium to August 18, 2019.

(f) All findings in Ordinance No. 110-13 are reaffirmed.

Section 2.  EXTENSION OF MORATORIUM.   The moratorium implemented pursuant to Ordinance No. 113-10 is hereby extended to August 18, 2019.  All provisions of Ordinance No. 110-13 except the expiration date shall remain in full force and effect until August 18, 2019.  The owner of any existing commercial building or facility located within the City shall be exempt until August 18, 2019 from the payment of developmental sewer assessment fees as established in Ordinance No. 104-06 for the connection of such premises to the City’s sewer system.  This limited moratorium and temporary exemption granted herein shall not apply to residential buildings nor shall it apply to new commercial buildings.  The exemption granted in this Ordinance shall apply only to the renovation or expansion of existing commercial buildings and facilities.

Section 3.  EFFECTIVE DATE.   This Ordinance shall become effective immediately upon its passage and publication as required by law.

Section 4.  PUBLICATION.  The City Clerk of the City of Opelika, Alabama is hereby authorized and directed to publish this Ordinance one (1) time in a newspaper published in and of general circulation within the City of Opelika, Alabama.

ADOPTED AND APPROVED by the City Council of the City of Opelika, Alabama, on this the 16th day of August, 2016.

/s/ Eddie Smith

PRESIDENT OF THE CITY COUNCIL OF THE

CITY OF OPELIKA, ALABAMA

ATTEST:

/s/ R. G. Shuman

CITY CLERK

TRANSMITTED TO MAYOR on this the 17th day of August, 2016.

/s/ R. G. Shuman CITY CLERK

ACTION BY MAYOR

APPROVED this the 17th day of August, 2016.

/s/ Gary Fuller MAYOR

ATTEST:

/s/ R. G. Shuman

CITY CLERK

Legal run 8/17/16

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