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HomeMy WebLinkAboutOrd 2006-09 cor ORDINANCE NO. 06-09 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, REPEALING ORDINANCE 98-28 AND AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS, ARTICLE 7-8, COMMUNITY DEVELOPMENT AND ENGINEERING FEE SCHEDULE, RELATING TO FEE SCHEDULES FOR THE PLANNING DIVISION, THE BUILDING DIVISION AND THE ENGINEERING DIVISION. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") adopted Ordinance 98-28 establishing Community Development and Engineering Fees, on September 3, 1998 (the "Initial Ordinance"); and WHEREAS, the Town Council desires to repeal the Initial Ordinance and amend the Fountain Hills Town Code to update and approve a fee schedule for the Planning Division, the Building Division and the Engineering Division; and WHEREAS, a notice of intention to assess new development fees was given as required by ARIz. REV. STAT. § 9-463.05(C); and WHEREAS, a public hearing concerning the adoption of the new development fees was held in accordance with ARIz. REV. STAT. § 9-463.05(C) on April 20, 2006. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That Ordinance 98-28 is hereby repealed. SECTION 2. That the Fountain Hills Town Code, Chapter 7, Building and Building Regulations, Article 7-8, Community Development and Engineering Fee Schedule, is hereby deleted in its entirety and replaced with the following: ARTICLE 7-8 PLANNING, BUILDING AND ENGINEERING FEES The fees for services provided by the Planning Division, the Building Division and the Engineering Division shall be established by the Town Council as part of the annual budget process or as otherwise adopted by Town Council resolution. L 632691.1 SECTION 3. That if any provision or any portion of any provision of this Ordinance is for any reason held to be unconstitutional or otherwise unenforceable by a court of competent jurisdiction, such provision or portion thereof shall be deemed separate, distinct and independent of the remaining provisions of this Ordinance and shall be severed therefrom without affecting the validity of the remaining portions of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, May 4,2006. FOR THE TOW OF FOUNTAIN HILLS: ATTESTED TO: • W. J. Nicho , ayor Bevelyn 4Be wn Clerk REVI D BY: APPROVED AS TO FORM: Acikis Timothy G. Pickering, Tow anager Andrew J. McGuire, Town Attorney L 632691.1 2