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ORDINANCE NO.: 856-03 °5 /00
10.,3 DPtY Clerk
•
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ZEPHYRHILLS AMENDING
ORDINANCE 707 ESTABLISHING
TRANSPORTATION IMPACT FEES FOR NEW
DEVELOPMENT,PROVIDING FOR SHORT TITLE,
AUTHORITY AND APPLICABILITY; PROVIDING
FOR INTENT, PURPOSE AND RULES OF
CONSTRUCTION; ESTABLISHMENT OF TWO
SEPARATE FUNDS AND DISTRICTS;EXEMPTING
COLLECTION OF TRANSPORTATION IMPACT
FEES FROM THE, COMMUNITY
REDEVELOPMENT AREA(CRA)DISTRICT; FAIR
SHARE FEE TO BE IMPOSED ON NEW LAND-
DEVELOPMENT ACTIVITY GENERATING
TRAFFIC; PAYMENT; SPECIAL ASSESSMENT;
USE OF FUNDS COLLECTED; ESTABLISHMENT
OF TRUST FUNDS; PROVIDING EXEMPTION AND
CREDITS FOR THE CRA DISTRICT; PROVIDING
FOR LIBERAL CONSTRUCTION, SEVERABILITY
PENALTIES, AND AN EFFECTIVE DATE.
WHEREAS, the Local Government Comprehensive Planning and Land Development
Regulation Act of 1985 requires each local government to adopt a Capital Improvements Element
with level of service standards for public facilities and services and a capital improvements
schedule; and
WHEREAS,the Capital Improvement Element must identify financial resources to assure
the availability of adequate infrastructure, including roadways, concurrently with new
development, and
WHEREAS,imposition of transportation impact fees on new development within the City
of Zephyrhills is a necessary additional source to derive sufficient revenues to improve existing
roadways and provide new roadways adequate to accommodate traffic anticipated to be generated
by new development; and
WHEREAS,the City Council has determined that it is in the public interest to develop an
incentive program which provides relief from the payment of impact assessments in the
Community Redevelopment Area; and
WHEREAS, the Community Redevelopment Area has an area of negative economic
conditions but which contains existing excess transportation infrastructure capacity sufficient to
accommodate new growth in an amount which justifies excluding the zone from both the
collection and expenditure of transportation impact assessments for a year or more.
NOW THEREFORE, be it enacted and ordained by the City Council of the City of
Zephyrhills, Florida as follows:
SECTION I. Short Title and Applicability.
A. This Ordinance shall be known and may be cited as the "New Development Fair
Share Contribution for Road Improvements Ordinance". JED PY'r i MAN PASS 3 Cau�v;Y CLERK
10/31/03 04:17pm FG of� 3
OR aK 560
Record and Return to: ` 1
City Clerk's Office t . .
5335 8th Street
Zephyrhills, FL 33542
OR BK5606
F'-J
309
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B. City Council of the City of Zephyrhills has authority to adopt.this Ordinance_
through general non-charter home rule powers pursuant to Chapter 166 of the Florida Statutes.
C. Increasing the capacity of arterial and other roads to make them safe and more
efficient is in the best interest of public health, safety and welfare.
D. Planning for the necessary provision of new roads and roadway improvements
created by new land development activity generating traffic is a responsibility of the City
government, and is in the best interest of public health, safety and welfare.
E. This Ordinance shall apply to two separate districts located within the incorporated
city of the City of Zephyrhills. The First District (Schedule A) shall be the Community
Redevelopment Area, (CRA), more particularly described as set forth in Exhibit "A" attached
hereto and incorporated herein by reference. The Second District shall be the balance of the
incorporated area of the City of Zephyrhills as same now exists or as it may be amended by virtue
of future annexations.
SECTION II. Intent and Purpose.
A. City Council has determined that growth which Pasco County is experiencing will
necessitate extensive road network improvements and made it necessaryto regulate new land
development activity generating traffic in order to maintain an acceptable level of road service.
In order to finance the necessary new capital improvements and regulate traffic generation levels,
several combined methods of financing will be necessary, one of which will require new land
development activity generating traffic to pay a"Fair Share Fee",which does not exceed pro rata
share of the reasonably anticipated expansion costs of new roads and other facilities.
B. Providing and regulating arterial and other roads and related facilities to make
them more safe and efficient, is in the best interest of public health, safety and welfare.
C. Implementing a regulatory scheme that requires new land development activity
generating traffic to pay a"Fair Share Fee"that does not exceed a pro rata share of the reasonably
anticipated expansion costs of new roads created by the new land development activity, is a
responsibility of the City to implement the traffic circulation element of its Comprehensive Plan,
and is in the best interest of public health, safety and welfare.
D. It is the purpose of this Ordinance to establish a regulatory fee to assist in
providing increased capacity for the major road network system to accommodate the increased
demand new land development activity generating traffic will have on the road system. New land
development activity will be required to pay a fee which does not exceed a pro rata share of the
reasonably anticipated costs of new roads and other facilities that its presence necessitates. This
is accomplished by requiring a "Fair Share Fee" upon commencement of any new land
development activity generating traffic. This road impact fee is for the exclusive purpose of
providing increased capacity for the major road network system.
E. The purpose of this Ordinance is to regulate new development activity in the
Second District of the City of Zephyrhills generating traffic so as to require it to share in the
burdens of growth by paying its pro rata share for the reasonably anticipated expansion costs of
road improvements. New development occurring in the First District or(CRA),shall be exempt
from imposition of transportation impact fees. The City Council of the City of Zephyrhills has
determined that there are not any new roads planned in the CRA; and, therefore, it would be
OR !3K 5606 Pr, 310
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difficult to meet the standard nexus test applied by the Appellate Courts of the State of Florida.
Furthermore,it is the stated goal of the City Council of the City of Zephyrhills that it would like
to attract into the CRA businesses and residences that would increase the economic viability of
the community and the quality of life within the area.The exclusion of transportation impact fees
is a good incentive to lure businesses and residences which have the ability to positively impact
the economy of the City of Zephyrhills and the CRA.
F. It is not the purpose of this Ordinance to collect any money from new land
development activity generating traffic in excess of the actual amount necessary to offset the
demand on the major road network system generated by the new land development activity. It is
specifically acknowledged that City Council has approached the problem of determining the"Fair
Share Fee" in a conservative and reasonable manner. This Ordinance will only partially recoup
the governmental expenditures associated with growth.Established residents will still be required
to bear the appropriate share of the cost of the road network system.
SECTION III. Rules of Construction.
For the purposes of administration and enforcement of this Ordinance,unless otherwise
stated in this Ordinance, the following rules of construction shall apply to the text of this
Ordinance:
(1) In case of any difference of meaning or implication between the text of this
Ordinance and any caption,illustration,summary table or illustrative table,the text shall control.
(2) The word "shall" is always mandatory and not discretionary; the word "may" is
permissive.
(3) Words used in the present tense shall include the future; and words used in the
singular number shall include the plural, and the plural the singular, unless the context clearly
indicates to the contrary.
(4) The phrase"used for"includes"arranged for", "designed for","maintained for"or
"occupied for".
(5) The word "person" includes an individual, a corporation, a partnership, an
incorporated association, or any other similar entity.
(6) Unless the context clearly indicates the contrary where a regulations involves two
(2)or more items, conditions,provisions, or events connected by the conjunction"and", "or" or
"either....or", the conjunction shall be interpreted as follows:
(a) "And"indicates that shall connected terms,conditions,provisions or events shall
apply.
(b) "or"indicates thatthe connected items,conditions,provisions or events may apply
singly or in any combination.
(c) "Either....or" indicates that the connected items, conditions,provisions or events
may apply singly but not in combination.
(7) The word"includes" shall not limit a term to the specific example but is intended
to extend its meaning to all other instances of circumstances of like kind or character.
(8) Where a road right-of-way is used to define zone boundaries,that portion of the
road right-of-way demarcating the boundary may be considered as part of any zone it bounds.
SECTION IV. Definitions.
OR BK r PG 311
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A. Accessory Building or Structure: A detached, subordinate building, the use of
which is clearly incidental and related to that of the principal building or use of the land, and
which is located on the same lot as that of the principal building or use.
B. Arterial Road: A road which is a main traffic artery carrying relatively high traffic
volumes for relatively long distances. This classification includes all roads which function above
the level of the collector road.
C. Building: Any permanent structure, having a roof and used or built for the
enclosure or shelter or persons, animals, vehicles, goods,merchandise, equipment,materials or
property of any kind for a period of time in excess of four(4).weeks in any one calendar year.
This term shall include tents,trailers,mobile homes,or any vehicles serving in any function of a
building.
• D. Building Permits: An official document or certificate issued by the authority
having jurisdiction, authorizing the construction of any building.
E. Capacity: The maximum number of vehicles for a given time period which a road
can safely and efficiently carry;usually expressed in terms of vehicles per day. For the purpose
of this Ordinance the capacity of a road shall be 6872 vehicles per day per through lane.
F. Collector Road: A road which carries traffic from local roads to arterial roads.
Collector roads have more continuity, carry higher traffic volumes and may provide less access
than local roads.
G. Collecting Agency: The governmental authority having jurisdiction to authorize
the making of any material change of any structure including the construction, enlargement,
alteration, or repair of buildings, or the governmental authority having jurisdiction to authorize
rezoning or special exceptions that make material changes in the use or appearance of land
without making material changes of any structures of the land.
H. Community Redevelopment Area, (CRA): The area described in Exhibit "A"
attached hereto, and shall be excluded from assessment and payment for fair share impact fees.
I. Development Order: An official document or certificate, other than a building
permit, issued by the authority having jurisdiction, authorizing commencement of land
development activity. This term includes any mining permit, land filling permit or other final
plan approval for land development activity.
J. Dwelling Unit: Dwelling unit shall have the meaning defined in the City of
Zephyrhills Land Development Code.
K. External Trip: Any trip which either has its origins from or its destination to the
development site and which impacts the major network system.
L. Fair Share Fee; Road Impact Fee; or Fee: The fee required to be paid in
accordance with this Ordinance.
M. Internal Trip: A trip which has both its origin and destination within the
development site.
N. Land Development Activity Generating Traffic: The carrying out of any building
activity or the making of any material change in the use or appearance of any structure or land
that attracts or produces vehicular trip(s)over and above that produced by the existing use of the
land or construction activity. Subdivision development prior to construction ofbuildings is not a
Ok BK
5606 PG 312
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land development activity generating traffic. Other land alteration which could generate traffic
will be evaluated on each specific instance.
O. Local Road: A road designed and maintained primarily to provide access to
abutting property. A local road is of limited continuity and is not for through traffic.
P. Major Road Network System: All arterial and collector roads within Pasco
County transportation impact fee zone 6 as described and depicted on Exhibit"A"attached to and
made a part of this Ordinance, including new arterial and collector roads necessitated by land
developments.
Q. Non commencement: The cancellation of construction activity making a material
change in a structure, or the cancellation of any other land development activity making a
material change in the use or appearance of land.
R. Planned Unit Development: A land area under unified control designed and
planned to be developed in a single operation by a series of prescheduled development phases
according to an officially approved final Master Land Use Plan.
S. - Site Related Improvements: Road construction or road improvements at or near
the development site which are necessary to interface the development's external trip with the
major road development'internal trips with the major road network system where a portion of the
major road network system is included within the development. (i.e. project driver, turn lanes,
signalization, etc.)
T Traffic Impact Analysis: A study prepared by a qualified professional engineer,or
ill other qualified professions, in their respective fields, to determine the vehicular impact of the
development upon the Major Road Network System. This study includes,but is not limited to:
determination of trip generation; trip distribution; traffic assignment; capacity analyses; and
improvements to the roadway system necessitated by the development, such as required new
roads, additional laneage and signalization.
U. Trip: A one-way movement of vehicular travel from an origin(one trip end)to a
destination(the other trip end). For the purposes of this Ordinance,trip shall have the meaning
which it has in commonly accepted traffic engineering practice and which is substantially the
same as that definition in the previous sentence.
V. Trip Generation: The attraction of production of trips caused by a given type of
land development.
W. Traffic Generation Statement: A documentation of proposed trip generation rates
submitted as part of a traffic impact analysis. This documentation would include actual traffic
generation information from a representativesampling of existing similar development.
X. Transportation Impact Fee Zone: The area within Pasco County lying east of
Morris Bridge Road/Handcart Road (CR579), and south of Clinton Avenue(SR 52A)/US 98.
SECTION V. Fair Share Fee to be Imposed on New Land Development Activity
Generating Traffic.
A. It has been determined by the City Council of the City of Zephyrhills that any new
development occurring within the CRA, shall be excluded from assessment and payment of the
fair share fee.The City Council has determined that there are no plans to locate future roadways
within the CRA designated area; existing capacity within the CRA is substantial, and, the
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5606 PG 313
exclusion of these fees within the CRA will encourage development within the area for both new
commercial and residential structures and be in the best interest of the citizens of Zephyrhills.
B. It has been determined by the City Council that any new land development activity
generating traffic in the City other than permitted activity within the CRA, should be charged a
reasonable"Fair Share Fee"to help regulate new land development activity's effect on roads and
related facilities.
C. After the effective date of this ordinance, applicants within the second transportation
district shall pay a"Fair Share Fee"in the amount and manner required by this Ordinance for any
new land development activity generating traffic. The"Fair Share Fee"shall be used only within
that transportation impact fee zone,or for other state and/or County roadway improvements that
are of direct benefit to mitigate the traffic impact anticipated to result from the subject
development activity. Direct benefit shall be determined by an affirmative vote of City Council.
D. The "Fair Share Fee" shall be determined by using either of the following methods:
1. Independent Calculation: Any person may determine his "Fair Share Fee" by
providing traffic and economic documentation that his economic impact on the major road
network system is less that the "Fair Share Fee" as determined under subparagraph C2 below.
The documentation submitted shall show the basis upon which the "Fair Share Fee" has been
calculated, including but not limited to the following factors:
a. Documentation of trip generation rates as appropriate for the proposed land
development activity.
b. Basis for trip distribution, traffic assignment and trip lengths.
c. Estimates of the cost to replace the portion of the design capacity used by the
traffic generated by the proposed land development activity on each of the affected roads (this
cost shall include consideration of a reasonable inflation rate, right-of-ways costs, plans
preparation costs and other cost which may reasonably be expected for the necessary road
improvements).
d. Tax revenues derived from the proposed land development activity which can
reasonably be projected to be available for these capacity replacements costs.
e. The amount of any shortfall of these projected revenues when compared to the
required capacity replacement costs. This documentation shall be prepared and presented by
qualified professions in their respective fields and must be based on studies,surveys and reports
using standard practices and accepted methodological procedures. The mathematical assumption
formulas and generation rates used in this Ordinance may be used as a basis without independent
documentation. The City Manager,or his designee,shall be authorized to reject any independent
•
calculation not meeting the above criteria.
2. Fair Share Formula: The following Fair Share Formula may be used for hose
planned developments for which a traffic impact analysis has been prepared for the purposes of
determining the external trips imposed by the development on the Major Road Network System.
The Official Trip Generation Rate as shown in subparagraph C3 shall be used as the basis for
calculating the total external trips for the planned development.
The City Manager,or his designee,shall review the traffic impact analysis and determine
the "Fair Share Fee" to be paid in accordance with the following formula. Any applicant may
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challenge the City Manager's determination of the fee by filing a petition with the City Council to
determine the appropriate "Fair Share Fee" within thirty (30) days of the determination by the
City Manager, or his designee.
The formula used to determine the traffic impact fee is as follows:
(((TGR/2)/CAP)X (COSTCON X TL))X N where:
TGR =Trip Generation Rate
2 =the allocation of half the impact to the origin and half to the destination
CAP =average capacity of one lane of roadway(6872 vehicles/lane/day)
COSTCON =average cost to construct one lane-mile ofroadway(weighted average for
City, County and State within the transportation impact fee zone currently
calculated to be$581,002.00)
TL =Trip Length:
4.73 miles/trip for all residential development
2.25 miles/trip for the following commercial:
Sit-down restaurants
Banks/Savings and Loan/Financial Institutions
Convenience Market
Shopping Centers less than 50,000 GSFLA
0.9 mile-trip for the following commercial:
Service Station
Drive-thru and Fast-food Restaurants
Shopping Centers more than 50,000 GSFLA
Trip length(miles/trip) is determined by the following formula:
(GSFLA *0.000045)
N =ratio of total costs charged to impact fee based upon other available
projected revenues currently calculated to be .83.
The fee shall be paid pursuant to Section VI below. Disputed fees may be contested and
placed in escrow with rebates provided in cases where an engineered traffic study/analysis results
in a discrepancy with the formulated rate quoted to the developer.
3. Fee Schedule: Fees charged pursuant to this Ordinance shall be calculated using
the formulas presented above, and shall be established by separate resolution of City Council.
Unless other independent studies are available, trip generation rates will be based on the most
recent ITE Trip Generation Information Report. For the convenience of the public the fees which
are based on the trip generation for more common land uses shall be converted into a dollar
amount and based on dwelling unit, building square footage, bed, parking space or room
depending on the particular land use.
In the event that two (2) or more categories are combined (e.g., convenience store, and
service stations), the higher of the two(2) or more rates will be applied.
E. The amount of the"Fair Share Fee"shall be reviewed by City Council during the
preparation of each fiscal year's budget. The review shall consider trip generation rates, trip
lengths and actual construction costs for work contracted for by the City, County or the Florida
Department of Transportation within Pasco County transportation impact fee zone 6 during the
preceding five fiscal years. The purpose of this review is to analyze the effects of inflation on the •
actual costs of roadway construction and right-of-way acquisition, and to insure the fee charged
new land development activity generating traffic will not exceed their pro rata share for the
reasonably anticipated expansion costs of road improvements necessary solely by their presence.
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SECTION VI . Time of Payment/Special Assessment Lien:
A. The "Fair Share Fee" shall be due and paid based on the following schedule:
1. Twenty-five Percent(25%) shall be paid upon issuance of any building or
development permits for any new or additional land development activity
generating traffic except single family and duplex dwellings.
2. Seventy-five Percent(75%) shall be paid prior to the issuance of
Certificate of Occupancy for the structure. The fee for any single family or duplex
dwelling is due prior to issuance of a Certificate of Occupancy for the dwelling.
Impact fees shall be based on the rates in effect at the time of payment.
B. Should any payment not be made at the required time, said delinquency shall
constitute a special assessment against the property upon which the development occurred. The
City shall be entitled to file a lien upon the real property,and may enforce same in the manner as
actions for foreclosure. In any action to foreclose a lien pursuant to this Ordinance the City shall,
in addition to damages, be entitled to reasonable attorney fees. This provision shall apply
retroactively as well as prospectively.
SECTION VII. Use of Funds Collected.
A. The funds collected by reason of establishment of a road impact fee in accordance
with this Ordinance shall be used solely for the purpose of constructing or improving roads,
streets,highways and bridges on the major road network system only within district two including
but not limited to:
1. design and construction plan preparation,
2. right-of-way acquisition,
3. construction of new through lanes,
4. construction of new turn lanes,
5. construction of new bridges,
6. construction of drainage facilities in conjunction with new roadway
construction,
7. purchase and installation of traffic signalization,
8. construction of new curbs,medians and shoulders,
9. relocating utilities to accommodate new roadway construction.
Funds shall be used for capital improvements or expansion within the zone district two of
the City of Zephyrhills, or for projects within Pasco County traffic impact fee zone 6 that are of
direct benefit to the development from which the funds were collected. Said funds shall not be
used to maintain the existing major road network system.
SECTION VIII. Trust Funds Established.
A. There is hereby established a trust fund for transportation improvements.This trust
fund shall not include any construction activities within the CRA.
B. Funds may be withdrawn from this account for use solely in accordance with the
provisions of Section VII of this Ordinance;provided that the disbursement of such funds shall
require approval of the City Manager.
C. Any funds on deposit not immediately necessary for expenditure shall be invested
SBR BK 5606 PG 316
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in interest bearing sources. All income derived shall be deposited in the trust fund.
D. The fees collected pursuant to this Ordinance may be returned to the present owner
if the land development activity generating traffic is cancelled due to non-commencement of
construction before the funds have been committed or spent pursuant to Section VI. Refunds may
be made in accordance with Sections VIII.D. 2. and VIII.D.3.provided the then-present owner
petitions City Council for the refund within six (6) months from the date of issuance of a
construction or building permit.
E. Funds collected from the second impact fee zone shall not be spent for any
improvements within the CRA.
SECTION IX. Exemptions & Credits.
A. The following shall be exempted from payment of the "Fair Share Fee";
1. Alterations or expansion of an existing dwelling unit where no additional
units are created and the use is not changed.
2. The construction of accessory buildings or structures which will not
increase the traffic counts associated with the principal building or of the land.
3. The replacement of a destroyed or partially destroyed building or structure
with a new building or structure of the same size and use.
4. The construction of publicly-owned governmental buildings.
5. Planned Unit Developments approved by City Council prior to September
30, 1988 unless subsequently amended to permit additional development which would generate
traffic, in which case the additional development would be subject to impact fee assessment.
111 6. The construction of new residential or commercial buildings, or the
alteration or expansion of existing buildings within the CRA as designated in Exhibit "A"
attached hereto.
B. Credits:
1. In lieu of paying the"Fair Share Fee", a developer may elect to construct
part of a major road network system which is in addition to on-site improvements.The developer
shall submit the proposed construction which he intends to do along with a cost estimate which
has been certified by a Florida registered professional engineer to the City,Manager. The City
Manager shall determine if the proposed construction is an appropriate substitute for the road
impact fee and the amount of credit to be given and the timetablefor completion.
2. Where a proposed major network road runs through a development, and
where the developer is only required to construct two(2)lanes of the roadway,the developer may
elect,upon submission of a certified cost estimate as described above,and approval of the cost by
the City Manager,to construct more than two(2)lanes and receive credit to the extent of the cost ,
for additional lanes constructed.
3. The current fair market value of land provided for a major roadway right-
of-way and/or required storm water retention associated with construction of a major roadway
may be provided as all or part of assessed transportation impact fees.
4. The developer may challenge any determination made by the City Manager
pursuant to subparagraph B.1.2, and 3., above by filing a petition with the City Council.
10
SECTIONX Liberal Construction, Severability and Penalty Provisions.
A. The provision of this Ordinance shall be liberally construed to effectively carry out
its purposes in the interest of public health, safety,welfare and convenience.
B. It is declared to the intent of the City Council of the City of Zephyrhills,Florida,
that if any section, subsection, sentence, clause or provision of this Ordinance shall be declared
invalid by a court of competent jurisdiction, the contained said section, subsection, clause or
provision and shall not be affected by such holding.
C. Any building or construction permit used for new construction as covered by this
Ordinance,but without payment of the transportation impact fee as required by this Ordinance,
shall be void.
D. A violation of this Ordinance shall be punishable according to law; however, in
addition to or in lieu of any criminal prosecution,the City of Zephyrhills shall have the power to
sue in civil court to enforce the provisions of this Ordinance.
SECTION XI. Area Embraced.
This Ordinance shall apply to all lands located within the incorporated areas of the City of
Zephyrhills as described and attached in Exhibit "B" attached hereto and incorporated by.
reference.
SECTION XII. Penalties.
As an alternative to other penalties set forth in this Ordinance, any person, firm or other
entity which violates the provisions of this Ordinance, or any part thereof, shall be guilty of a
Class I violation punishable in the manner prescribed for such violations in the City Uniform
Citation of Fine Ordinance and in the Pasco County Uniform Fine System.
SECTION XIII. Severability.
If any provision, section, part, sentence or phrase of this Ordinance shall be held to be
unconstitutional or invalid, all other,provisions, sections, parts, sentences, or phrases of this
Ordinance not expressly so held to be unconstitutional or void shall continue in full force and
effect.
SECTION XIV.. Repealer.
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the
extent of such inconsistency. Ordinance No.: 480 is repealed in its entirety.
SECTION XV. Effective Date.
This Ordinance shall become effective immediately upon its passage.
The foregoing Ordinance No. 856-03 was read and passed on its first reading by the City
Councilf' the,City of Zephyrhills, Florida, on this 25th day of Augu A.D., 2003.
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elbregoing I Ordinance No. 856-03 was approved by me this 27th day of October,A.D.,2003.
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W. CLIFF,A0 DU, FIE AO
• MAYOR
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EXHIBIT "B"
The City of Zephyrhills
Exhibit B shall comprise the balance of the incorporated areas, not
listed in Exhibit A, of the City of Zephyrhills as now exists or as
may be amended by virtue of future annexations or deannexations.
OR 3K 5606 PG 320
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