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Home My WebLink About459 Affirmation Action (Requiring Consultants to bear costs) ,s10 i / ,. 6/,/ ,29 ORDINANCE NO. 459 THIS IS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ZEPHYRHILLS , FLORIDA PROVIDING FOR THE USE OF QUALIFIED CONSULTANTS BY THE CITY TO REVIEW REQUESTS FOR AFFIRMATIVE ACTION; PROVIDING FOR NOTICE TO APPLICANT OF CITY' S INTENT TO RETAIN A QUALIFIED CONSULTANT;, PROVIDING THAT EACH APPLICANT SHALL BE OBLIGATED TO PAY FOR FEES AND COSTS INCURRED BY THE CITY TO REVIEW A REQUEST FOR AFFIRMATIVE ACTION; PROVIDING FOR SUSPENSION OF FURTHER PROCESSING AND REVIEW IF PAYMENT IS. NOT TIMELY RECEIVED BY THE CITY; PROVIDING THAT OTHER TIME LIMITATIONS UPON APPLICANT ARE NOT TOLLED BY OBJECTION TO NOTICE OR FAILURE BY APPLICANT TO PAY INVOICE; NOTICING APPLICANT THAT SCHEDULE FEES SHALL NOT BE REFUNDED; PROVIDING THAT THIS ORDINANCE SHALL SUPERSEDE ANY ORDINANCES OF THE CITY IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS , from time to time, the City receives applications , petitions or other requests from individuals or persons seeking affirmative action by the City, and WHEREAS , the City has established scheduled fees for 111 such applications , petitions or requests for the purpose of defraying the normal costs or expenses anticipated to review and process same, and WHEREAS , because of statutory requirements , government regulations , unusual circumstances or other obligations imposed upon the City, it becomes necessary for the City to retain the services of qualified consultants or professionals to provide expert advice for review of such applications , �.. petitions or requests , and WHEREAS , it is the intent of the City that such expenses incurred as a result of an applicant ' s request for affirmative action from the City be borne by the applicant who has sought affirmative action by the City, and WHEREAS , the City desires to make provision that applicants shall not bear such expense without receiving notice of the City' s intent to retain a qualified consultant '' or professional to assist with review of their application, , petition or request without the opportunity to object to Pec -L:14 _ � (1,)'d- ),? ?" .) 0.R. 1698 PG 0295 same. NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Zephyrhills , Florida, SECTION ONE TITLE: This Ordinance shall be known as the "City of Zephyrhills Qualified Consultant Retention and Reimbursement Act" . SECTION TWO Definitions : A. Affirmative Action: Shall mean any petition, application or other such request for action by the City and shall include, but not be limited to: i . rezoning application; ii . request for conditional use permit; iii . variance request; iv. site plan review; v. petition for annexation; vi . franchise application; vii . any other development application. B. Applicant : Shall mean any person, corporation, association or other entity requesting affirmative action by the City of Zephyrhills . C. Qualified Consultant : Shall mean any individual , corporation or professional association with training or experience in planning, engineering, natural science, economics , law or any area of expertise, who is , or are, familiar with the content and review process of the applicant ' s request for affirmative action and is retained by the City of Zephyrhills to render expert advice, perform tasks , compile reports , conduct studies , or any other act concerning said request and is not a salaried employee of the City. SECTION THREE A. City To Retain Qualified Professional : City Council , may in any instance when it reasonably concludes O,8. 1698 P6_-0296 that it is necessary, retain the services of a qualified consultant to review a request for affirmative action, or to perform any task, compile any report , conduct any study or any other act in order for the City to act upon said request . It shall be the City' s right to choose the one or more 11 qualified consultants necessary to complete the review of any request for affirmative action pursuant to terms and conditions negotiated by the City. B. Notice To Applicant Of City' s Intent To Retain Qual- ified Consultant : No qualified consultant shall be retained by the City to review any particular application for affirmative action unless and until said applicant has been notified in writing of the City' s intent to retain a qualified consultant for that purpose. Notice shall be sent to the applicant at the applicant ' s address as contained on the document requesting the affirmative action and may be by regular U. S. Mail and advise the applicant that he shall have ten (10) calendar days within which to object to the City' s intent to retain a qualified consultant . Any objection by an applicant must be in writing and delivered to the City Clerk within ten (10) calendar days from the date of said notice or seven (7) calendar days from applicant' s receipt thereof, whichever occurs first. For purposes of this Ordinance, delivery of the City' s notice shall be presumed to be effected b) the postal authorities within three (3) calendar days after mailing. If the applicant approves of the City' s intent to retain a qualified consultant or fails to object in writing thereto , the applicant shall be responsible for all fees and costs incurred by the City for services rendered by the qualified consultant . Accompanying the aforesaid notice shall be a statement by the City advising the applicant of the anticipated costs to be incurred for the services of the qualified consultant . Upon notification of an applicant ' s approval of the City' s ®.R. 1698 PG 0297 ) intent to retain a qualified consultant , or within fifteen (15) calendar days if an applicant fails to object in writing thereto, the applicant shall deposit with the City an amount equal to the anticipated costs to be incurred for the services rendered or provide sufficient surety as is deemed acceptable by the City. If an applicant objects in writing to the City' s notice of intent to retain a qualified consultant, the City of Zephyrhills may suspend further processing and review of the applicant ' s request for affirmative action in the event the applicant fails to provide said deposit or other surety within the required time period. C. Applicant' s Obligation For Costs : Each applicant requesting an affirmative action by the City shall be obligated for all costs incurred by the City of Zephyrhills in processing and reviewing said request for affirmative action over and above the normal scheduled fee charged for such application. The applicant so obligated shall remit to the City of Zephyrhills , the full amount of all costs incurred by the City for the services of a qualified consultant within fifteen (15) days of receipt of any invoice from the City of Zephyrhills evidencing such costs . The City of Zephyrhills may suspend further processing, review and consideration of an application for affirmative action in the event that the applicant fails to remit such reimbursement within the required time period. Should it become necessary for the City to retain the services of an attorney to collect any monies due it from the applicant , the applicant shall be responsible for all costs of collection, including a reasonable attorney' s fee. D. Time Limitations Upon Applicant Not Tolled By Appli11/ - cant ' s Objection To City' s Notice Or Applicant ' s Fail- ure To Pay Invoice: During any period of suspension due to an applicant ' s failure to pay any invoice or to consent to the City' s retention of a qualified consultant , 0:1. 1698 PG, 0298 • 1 V any applicable time constraints for such requests shall not be tolled. E. Fees Not Refundable: The City' s refusal to act upon an applicant ' s request due to the applicant ' s refusal to agree to retention of a qualified consultant pr by-_:_ the applicant ' s failure to pay any invoice submitted to the applicant pursuant to this Section, shall not entitle'" the applicant to reimbursement of any fees or - costs paid by_. the- applicant to the City attendant to the applicant ' s request for affirmative action. SECTION FOUR Conflicting Ordinances : This Ordinance shall supersede all Ordinances or parts of Ordinances in conflict herewith. SECTION FIVE Severability: If any section, sentence or phrase of this Ordinance is held to be invalid or unconstitutional by any Court of competent jurisdiction, the said holdings shall not effect the validity of the remaining portions of this Ordinance. SECTION SIX Effective Date: This Ordinance shall become effective as provided by law. The foregoing Ordinance No . 459 was read and passed on its first reading in open and regular meeting by the City Council of the City of Zephyrhills , Florida on the 14th day of March , A.D. , 1988 . GLORIA BROWN, ZCPyy President of City Council c.) J ?-` A Att-es o . - ��t1', : - y CSrerk -a • - ..y- 'F Tle foreg g ng Ordinance No. 459 was read and passed on 0 • itsc° eioonr•"reading in open and regular meeting by the City Council of the City of Zephyrhills , Florida on the 28th day ( O.R. 1698 PG: 0299 .l of March , A.D. , 1988 . GLORIA BROWN, , ‘ / President of City Council ,,.. .., M. if , A,' .• %ATTEST: _,Ifi,..",_ ......." IWIRVrGa_—,' ' • ' 171t cAClerk ' QVThe '''flOegbing Ordinance No. 459 was read and passed , ' .G1r1 t-,s thiXcrand final reading in open and regular meeting by • .. % ..1 oi.•'•.......•• (‘ the01,tf'Council of the City of Zephyrhills , Florida on the 11th day of April , A.D. , 1988 . A BROWN, ---... - 29-c-A--v--) GLORI , If President of City Council •-' 1 't- r h .. ‘, ,,,_ A ,, .1„, . • .",.. ,::•ATTEST. AKAA ' tilr% )19 AFty....cyrk 1 , k...The : foregDing Ordinance No. 459 was approved by me . 44 a -fh.rstt 11-th .ij,ty of April , A.D. , 1988 . 0•• -• Aif i.,--e- 10111.!")°,! /7-2/ - / 4, (---- / RO] ERT H. JOHN"; Mayor ..-. on CO 211 1.7 ' 6 ' r.... a .,,. :• Lf, CD • • RECORD VERIFIED JED 1, PITT!.AN 4' --- — la int Cou asco tulti ,> r I- , --- <- _ 0 R 1698 PG 0300 _ ._ • _____