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ORDINANCE NO. 4721-1018 <br /> AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PRESCOTT, <br /> YAVAPAI COUNTY, ARIZONA, SUPERSEDING ORDINANCE NO. 4665-0908 <br /> DURING THE PENDING OF THE LEGISLATIVE MORATORIUM OR FURTHER <br /> LEGISLATIVE ACTIONS; AND AMENDING TITLE II, CHAPTER 2-1, AND TITLE III, <br /> CHAPTER 3-14 REGARDING THE IMPOSITION OF WATER AND SEWER <br /> DEVELOPMENT FEES; AND DECLARING AN EMERGENCY <br /> RECITALS: <br /> WHEREAS, on October 28, 2008, the Mayor and Council of the City of Prescott <br /> approved Ordinance No. 4665-0908 regarding the imposition of water and sewer <br /> development fees in accordance with ARS 9-463.05; and <br /> WHEREAS, Ordinance No. 4665-0908 provided for a delayed effective date of <br /> July 11, 2009; and <br /> WHEREAS, the City of Prescott implemented the water and sewer development <br /> fees as set forth by Ordinance No. 4665-0908 on July 11, 2009; and <br /> WHEREAS, the Arizona State Legislature enacted HB 2008 on August 12, 2009, <br /> which imposed a moratorium on municipalities implementing new or increasing existing <br /> development fees after June 29, 2009; and whereas numerous legislative proposals <br /> have been made to amend such legislation and are pending; and <br /> WHEREAS, the Governor of the State of Arizona signed HB2008 into law with an <br /> effective date of November 24, 2009; and <br /> WHEREAS, legislative proposals have been made and are ongoing regarding <br /> potential modifications to such law; and <br /> WHEREAS, in order to effect compliance with the provisions of HB 2008 while at <br /> the same time recognizing the approval of an ordinance by Prescott which was in effect <br /> and had an effective date prior to the legislative action applying the moratorium <br /> retroactively, in order to ensure compliance with the current laws and also to preserve <br /> Prescott's ordinance and its effective date it is necessary for the City of Prescott to take <br /> certain actions suspending the effect of Ordinance No. 4665-0908, passed on October <br /> 28th 2008 and which was to become effective on July 11, 2009 regarding the imposition <br /> of water and sewer development fees, pending the moratorium or other legislative <br /> action amending the impact fees legislation; and <br /> WHEREAS, the suspension of this ordinance and the fees collectable under the <br /> ordinance shall in no way effect a repeal of said Ordinance No. 4665-0908 or its <br /> effective date and is intended to solely suspend the impact fees in the ordinance and <br /> apply the prior effective ordinance only for as long as the moratorium shall be in <br />