HomeMy WebLinkAbout1996 02 12 Regular Item I
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COMMISSION AGENDA
ITEM I
REGULAR X
CONSENT
INFORMATIONAL
FEBRUARY 12.1996
Meeting
.v
REQUEST: General Services Department (Building Division) - Requesting adoption of
Resolution No. 775 replacing Resolution No. 750 providing for Interim
Service Fees.
PURPOSE: The purpose of this Board item is to repeal Resolution No. 750, adopted
January 9, 1995, in its entirety and replace it with Resolution No. 775 providing
for Interim Service Fees.
The authority for establishing and collecting Interim Service Fees are established by
Ordinance No. 527.
The authority to adopt ordinances relating to Interim Service Fees are established
by Article VIII of the Constitution of the State of Florida, Chapter 168 Florida
Statutes.
CONSIDERA TIONS:
Section 6-254(a) ofthe Winter Springs Code of Ordinances requires the
fee schedule to be reviewed annually by the City Commission.
Ordinance No. 527 establishing this fee was enacted 09-14-92.
The Interim serviCe fees were adopted by the following resolutions:
Resolution No. 688 - initial fees established and implemented Calendar
Year 1993.
Resolution No. 750 - adopted 01-09-95 revised fees established by
Resolution No. 688 and are currently in effect.
February 12, 1996
AGENDA ITEM NUMBER I
Page 2
Anticipated revenues for current Fiscal Year are $25,000. Please see attached
Calculation data and Fee Comparison.
RECOMMENDA TION:
Replacing Resolution No. 750 and adopting Resolution No. 775 providing for
Interim Service Fees.
IMPLEMENTATION SCHEDULE:
Interim Services Fees Resolution becomes effective upon adoption and will be retroactive
to January 01, 1996.
ATTACHMENTS:
1. Calculation data and Fee Comparison
2. Proposed Resolution No. ~ replacing Resolution No. 750.
3. Memo to City Manager dated May 28, 1992 from Building Official.
4. Ordinance No. 527
COMMISSION ACTION:
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CITY OF WINTER SPRINGS
INTERIM SERVICES FEE SCHEDULE
CALEN OAR YEAR 1996
TABLE 1
GENERAL FUND REVENUES FY 90-91 THRU 94-95
YEAR PROPERTY TAX OTHER REVENUE SOURCE~ TOTALS*
90-91 $2,072,591 41% $3,014,091 59% $5,086,682
91 -92 $2,298,186 41% $3,278,902 59% $5,577,088
92 -93 $2,233,154 37% $3,793,416 63% $6,026,570
93-94 $2,511,548 38% $4,073,247 62% $6,584,795
94-95 $2,575,605 35% $4,776,376 65% $7,351,981
* EXCLUDES FUND BALANCE
PAGE 1 REVISED 03-Jan-96
PAGE 2 REVISED 03-Jan-96
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PUBLIC WORKS
PERSONAL
YEAR SERVICES OPERATING TOTAL
90-91 $504,287 $275,160 $779,447
91 -92 $561,890 $319,860 $881,750
92-93 $563,279 $256,931 $820,210
93-94 $452,518 $293,045 $745,563
94-95 $462,444 $413,114 $875,558
RECREATION
PERSONAL
YEAR SERVICES OPERATING TOTAL
90-91 $103,134 $33,140 $136,274
91 -92 $224,843 $161,528 $386,371
92-93 $386,273 $141,523 $527,796
93-94 $363,061 $193,709 $556,770 .
94-95 $435,691 $237,390 $673,081
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PAGE 3 REVISED 03-Jan-96
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TABLE 3
CALLS FOR SERVICE BY LAND USE CATEGORY
DEPARTMENT
POLICE
FIRE/PARMEDICS
RESI DENTIAL
NON -RESIDENTIAL
70%
79%
PUBLIC WORKS
80%
RECREA TrON
100%
PAGE 4 REVISED 03-Jan-96
30%
21%
20%
0%
CALCULATION OF FEES
RESI DENTIAL
NUMBER OF RESIDENTIAL UNITS 10251
POLICE SERVICES @ 70% $1,308,063
FIRE/PARAMEDICS SERVICES @ 79% $1,359,912
PUBLIC WORKS SERVICES @ 80% $700,446
RECREATION SERVICES @ 100% $673,081
TOTAL EXPENDITURES $4,041,502
CREDIT FOR NON-AD VALOREM TN< 65% ($2,625,651 )
NET EXPENDITURES $1,415,852
COST OF SERVICE PER UNIT $138.12
NON -RESIDENTIAL
TOTAL SQUARE FOOTAGE
POLICE SERVICES @ 30%
FlRE/PARAMEQICS SERVICES @ 21 %
PUBLIC WORKS SERVICES @ 20%
TOTAL EXPENDITURES
CREDIT FOR NON-AD VALOREM TN< 65%
NET EXPENDITURES
COST OF SERVICE PER 1000 SQUARE FOOT
1,945,817
$511,654
$344,722
$149,113
$1,005,489
($653,238)
$352,251
$181.03
PAGE 5 REVISED 03-Jan-96
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TABLE 5
CITY OF WINTER SPRINGS
INTERIM SERVICES FEE SCHEDULE
MONTH
C.O. HOTEL
ISSUED RESIDENTIAL * MOTEL ** COMM. ***
JANUARY $138.12 $153.88 $181.03
FEBRUARY $126.61 $141.05 $165.94
MARCH $115.10 $128.23 $150.86
APRIL $103.59 $115.41 $135.77
MAY $92.08 $102.58 $120.69
JUNE $80.57 $89.76 $105.60
JULY $69.06 $76.94 $90.51
AUGUST $57.55 $64.11 $75.43
SEPTEMBER $46.04 $51.29 $60.34
OCTOBER $34.53 $38.47 $45.26
NOVEMBER $23.02 $25.65 $30.17
DECEMBER $11.51 $12.82 $15.09
* PER DWELLING UNIT
** PER UNIT OF OCCUPANCY RATE (85%)
*** PEA 1000 SQUARE FEET
PAGE 6 REVISED 03-Jan-96
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TO:
John Govoruhk, City Manager
John Ketteringham, General Sen.;ce, Direct~
Don Houck. Builclin.g OfticialQ---?r-
v1A:
FRO~l:
RE:
interim Services Fee Resolution
D,-\TE:
January 11, [996
Pleast; fmd attJl,;hed the resolution revising the interim service fees for the 1996 calendar
year.
Please have the City Attorney review the resolution and place it on the agenda for the
January 22 Commission meeting.
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attachment: as stated above
RECEIVED
JAN 1 f 1996
~ilV of Wint~r Springe
j;3gNU;RAL. SERVICES
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RESOLUTION NO. 11.6
A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA,
PROVIDING FOR THE ESTABLISHMENT OF AN INTERIM SERVICES
FEE; REPEALING RESOLUTION NO. 750; PROVIDING FOR
CONFLICTS AND EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs, Florida, has
determined the need for Interim Service Fees, and
WHEREAS, the City Commission of the City of Winter Springs, Florida, has
by the adoption of Ordinance No. 527 directed that it is necessary to set the Interim
Services Fees by resolution,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA, THAT:
SECTION I - Resolution No. 750 passed and adopted January 9,1995
is hereby repealed in its entirety.
SECTION II - the following fee schedule for Interim Service Fees is adopted
as being the official Interim Service Fee Schedule for the City of Winter Springs, Florida:
Month C.O. Issued Residential* Hotel/Motel** Non-Residential***
January $138.12 $153.88 $181.03
February $126.61 $141.05 $165.94
March $115.10 $128.23 $150.86
April $103.59 $115.41 $135.77
May $92.08 $102.58 $120.69
June $80.57 $89.76 $105.60
July $69.06 $76.94 $90.51
August $57.55 $64.11 $75.43
September $46.04 $51.29 $60.34
October $34.53 $38.4 7 $45.26
November $23.02 $25.65 $30.17
December $11.51 $12.82 $15.09
* per dwelling unit
** per unit by occupancy rate (85%)
*** per 1,000 square feet
SECTION III - This Resolution shall remain in force and effect until supplemented
amended, repealed or otherwise altered.
SECTION IV - All Resolutions or parts of Resolutions in conflict with this
Resolution are hereby repealed.
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SECTION V - Upon its passage and approval, this resolution shall be
retroactive to January 01, 1996.
Passed and adopted this day of , 1996.
CITY OF WINTER SPRINGS, FLORIDA
JOI-IN F. BUSH, MAYOR
ATTEST:
CITY CLERK
COMPARISON OF INTERIM SERVICE FEES
Month C.O.
Issued Residential HotellMotel Non-Residential
FY'96 FY'95 FY'96 FY'95 FY'96 FY'95
January $138.12 $140.42 $153.88 $147.81 $181.03 $197.87
February $126.61 $128.72 $141.05 $135.49 $165.94 $181.39
March $115.10 $117.02 $128.23 $123.18 $150.86 $164.90
April $103.59 $105.31 $115.41 $110.86 $135.77 $148.41
May $92.08 $93.61 $102.58 $98.54 $120.69 $131.92
June $80.57 $81.91 $89.76 $86.22 $105.60 $115.43
July $69.06 $70.21 $76.94 $73.91 $90.51 $98.94
August $57.55 $58.51 $64.11 $61.59 $75.43 $82.45
September $46.04 $46.81 $51.29 $49.27 $60.34 $65.96
October $34.53 $35.10 $38.4 7 $36.95 $45.26 $49.4 7
November $23.02 $23.40 $25.65 $24.64 $30.17 $32.98
December $11.51 $11.70 $12.82 $12.32 $15.09 $16.49
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TO:
CITY MANAGER
FROM:
BUILDING OFFICIAL
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RE: EXPECTED INTERIM SERVICE FEE REVENUE
Presently we have 58 new houses under construction and these should be
completed at a rate of 8 per month. Our estimate for next year is 16
new starts per month -and normal time for completion is 6-8 months.
Assuming this Ordinance could be in effect by August 1, 1992, we should
realize approximatelY $15,000 on this.by the end 01' next fiscal year.
This is no huge amount I realize, but these are bleak times and if
construction should pick up to normal,.this could d0uble. It is that
much we would not have otherwise.
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INTRODUCTION
This study of Interim Service Fees for the City of Winter Springs
presents the methodology utilized to develop the fees, summarizes the
data incorporated as the basis for the fees, and describes the
calculation of the fees.
Sound fiscal management is the key not only in a City where .growth is
cont inua 1 but rn::>st especia 11 y where growth is rapid and where such
changes in population create an even more rapidly urbanizing community
with sharp increases in the costs of providing services.
The Capital Improvements Element of the Comprehensive Plan requires
that the public facilities and services needed to support development
must be in place concurrent with the impact or the development. The
adopted or.dinances and accompanying studies for the various impact fees
have established levels of service even in areas not covered by the
comprehensive planning process. These fees are only for the necessary
capital improvements and do not provide'a mechanism for paying the
increased operating costs.
The logic behind the adoption of an interim services fee is to collect
funds to pay for services provided to development not yet on the tax
rolls and not fully paying for services. December 31 of a given year
is the deadline for adding improved properties to that year's tax roll.
Since ad va 1 orem taxes are pa i din arrears, it can be as rruch as a year
before property values increase and an additional ten months before any
payment is made.
There is, however, the immediate increased demand for police, fire,
public works, code enforcement, and recreation services. The existing
fiscal capacity is insufficient to meet this ever increasing demand.
This ree is proposed to meet the demand for operating expenditures for
serVlces.
To satisfy legal criteria, the fee is designed with a. direct link
between the payment of the fee and the benefit received. The costs for
the services are clearly identified. The funds collected from the
interim services fee are to be placed in a special fund and are not to
be included in the general revenue fund. The fee is to be charged at
the time of the issuance of a certificate of occupancy (C.O.)" and the
amount of the fee is discounted by time of payment. The fee is.
discounted because the City is collecting the fee before the services
are actually provided and thus will be holding money in advance of
expenditures.
Interim services. fees are currently being charged by five other
municipalities. These are City of Miami, City of Largo, City of Ocoee,
Orlando, and City of Oakland Park. Their methodologies are different
in approach as wel~ as complexity. Much of this study is a replication
of the Oakland Park methodology as its-current ordinance is based upon
court rulings against Oakland Park's original ordinances. Within the
judgement against Oakland Park, guidelines for the development or these
fees were set. .
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In ruling against the City of Oakland Park, the court stated that the
City did not:
* show need for serVlce or il"T'Provements;
* estab 1 ish a definitive plan for the
il"T'Provernentsj
* establish a relationship between need and
cost;
* earmark expenditures to benefit the
payees;
* provide for a refund agreement; nor
* provide for a time frame of expenditure
of fees.
Under the initial ordinance passed by the City, Ordi~ance 0-84-3, the
Court ruled that the fees were instead taxes because:
* they were based on the value of new
construction;
* the basis for the fees were not shown to
offset needs due to growth;
* the funds were not earmarked but placed
in the general fund; and
* the fees were not unifonnly irrposed,
i.e., the same properties that were
exempted fram the interim services fee
were also exempted fram ad valorem
taxation.
Under the second ordinance passed by the City, Ordinance 0-86-6, the
court ruled that the fees were instead taxes because:
* the basis of the fees were not shown to
offset needs fram growth;
* the funds were not sufficiently
earmarked;
* the tax class was without adequate
remedy; and
* the fees were not unifonnly irrposed,
i.e., the .same properties that were
exempt fram the interim services fee were
.also exempt fram ad valorem taxation.
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The review of the legal issues regarding the concept of an interim
..serv ices fee i nd icates that such a fee cou 1 d be irrp 1 ernented if it is
directly linked to the cost of service and the benefit to the payer can
be shown. The recommended interim services fee. is therefore to be
applied to those irrproved properties which have been identified as
generating expenditures for services for which there are inadequate
offsetting revenues.
As noted previously, interim services fees are separate and distinct
fram impact fees for capital facilities. However, the criteria for
impact fees for capital facilities, established by the courts through
the years, lS extremely useful for the establishment of an interim
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servlces fees model.
The development of impact fees must meet three tests:
(1) Fair share rule (who pays and how much);
(2) Nexus of benefit rule (where and how the
fee can be used);
(3) Credit rule (appropriate reduction
against the fee).
The fair share rule provides that fees can be charged only for the
portion of the.cost that is attributable to new growth. These fees
cannot be charged t_'L-P~Y.__.. for. the .-- cost_9.L_c.educj.o9___oc_eJjminatjog
defTclenci es.--:ill.-.-~_x_i.sj: ing_ta<:jJitie_$. wi th in th is broad ru 1 e, speci f ic
-guidance is given in several areas: it is permitted to distinguish
among different types of growth in establishing fee amounts (i.e.,
residential, non-residential, etc.); fee-payers should be able to pay a
smaller fee if they can demonstrate that their development will have
less impact than is presumed in the fee schedule; costs of facilities
that wi1 I be used by new growth and existing users must be apportioned
between the two groups in determining the amount of the fee.
The nexus of benefit rules require the government to show a reasonable
connection (1) between the need for public facilities and the growth
from the fee-paying development, and (2) between the expenditure of fee
revenue and the benefits received by the fee-paying development. These
two conditions limit where and when fees can be collected and used.
Where possible, there should be a geographical relationship, but there
is not specific limit on the distance between a fee-paying development
and a public facility. Furthermore, the fee reven~~_~?s_J2~__~~~~nded
withina_reasonable.per:iocl.of.--t.ime,. but there is no single maxirrun
limit that applies to all fee expenditures. Explicit limitations on
the expenditures of fees must be adequate to guide government
personne 1, and fee revenue mu_~~__~e ~~~ked .f.~C.._sl?~SLf.i.c-us.es.
The credit rules allow a fee-payer to have fees reduced to reflect (1) ~
contributions that meet the same need as the fee, and. (2}-future
pa~nts of taxes that would ordinarily be used for public facilities.
The court cases and legislation do not prohibit the credits. In
particular, the government should require that the quality of a
donation should conform to adopted standards, or at the least be
comparable to similar city Facilities. The government should also
require a rational nexus or'benefit between a contribution and the fee-
paying property which receives a credit. Finally, the amount of any
credit should not exceed the amount of the fee that is being offset by
the credit.
utilizing these criteria, the interim services fee .for the City will be
based on the following:
(1) Based upon actual expenditures for service
provision related. directly to population and type
of land uses, not on value of property or
irrprove:nents;
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(2) Based upon the specific identifiable municipal
service needs created by improvements, not
including general government service expenditures
or capital facilities need;
(3)
Charged to a 11
city services
inadequate;
improved
where
properties
offsett ing
which receive
revenues are
(4) Credited for future payments of other revenue
sources such as franchise fees, utility taxes,
charges for services, fines and forfeitures, sales
taxes, and other revenues from user-based fees;
(5 ) Credited for those improved properties which are
evaluated as not having created an expenditure
short fa 11 as a result of service provision;
(6) Deposited into a special fund, not in the general
fund.
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ORDINANCE NO. .5.21-
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:. \ .': AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA,
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i'.:.r;.<hi.:RELATING TO INTERIM SERVICES FEES:,:, CREATING 'ARTICLE XI, ,
, . ,( .::~ CHAPl'ER . 6 OF. THE CODE OF ORDINANCES; ESTABLISHING
; ;;':.f;'i\:~i AUTHORITY; I, MAKING FINDINGS AND DETERMINATIONS:.; I PROVIDING
!:r i: FOR DEFINITIONS: PROVIDING FOR ESTABLISHMENT OF AN INTERIM
.,'.i,~"f.:; SERVICES, FEE; PROVIDING FOR CALalLATIOr.t:.1 OF THE INTERIM'
, .~. '. SERVICES FEE AND ADOPTING A FEE SCHEDULE; PROVIDING I~~)R
..'/ I: EXEMPTIONS;, PROVIDING FOR COLLECTION OF - INTERIM SERVICES
.~ t FEES; PROHIBITING THE ISSUANCE OF CERTIFICATES OF OCOJPANCY
UNTIL I PAYMENT. OF THE.INTERIM SERVICES FEE;: PROVIDING FOR AN
INTERIM SERVICES FEE FUND; PROVIDING FOR SEVERABILITY;
CONFLICTS AND EFFECTIVE DATE. . .: I '.:, i: \,:,
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,WHEREAs, The City C~ssion of the City of Winter Springs, Florida,
finds it ,in the. public interest to provide an interim service fee;
. NCW, THEREFORE;. BE IT ORDAINED BY THE CITY <XMMISSION OF
. . THE CITY OF WINTER SPRINGS, FLORIDA AS FOLLCWS:
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, SECTION I - Short title.
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this Ordinance shall be known and may be'
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cited as:the "Interim Services Fee".
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- A new Article XI, Chapter 6 of the code 'of Ordinances
SECTION II
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of the City of Winter Springs,
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is
hereby adopted and
re;ads as
follows: '; I.
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Article XI. Interim Services Fee
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Sec. 6-250. Authority
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The City has the authority to adopt this Ordinance pursuant to
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: Article VIII of the Constitution of the state -of. Florida, Chapter
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166, Florida Statutes.
Sec. 6-251. Findings and Determinations
It is hereby found, determined and declared as follows:
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(1) The costs of providing the specified municipal services (as
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defined herein) exceed the fees charged for such services and consequently
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those costs are borne in large part through ad valorem taxation.
(2) From the time a new structure is completed and occupied until
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the structure is included on the ad valorem tax rolls as of the ensuing
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January I, the City provides the specified municipal services and other
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direct services for which it receives no compensation.
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(3) The demand for additional municipal services increases with the!
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developmeUt of real property located in the City and the subsequent occupancy.
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of structures located thereon and the existing fiscal
structure of
the City
i's irisufficient to meet
the ever increasing demands for municipal services
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imposed upon the City by such new development.
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. ;.f'.:; , (4)' The implementation of an interim services. !.. fee. to defray, the
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costs' to . the City of providing the specified municipal. services to newly
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improved property prior to the imposition of ad valorem taxes on such
improvements is ' in the best interests of the citizens and residents of the
City of Winter Springs and reflects the City's desire for; fiscal management.
(5) , The interim services fee imposed by this Chapter is not in any
manner, directly or indirectly, intended as anad valorem tax, nor is the
amount of the fee established herein related in any way to the valuation of
the property receiving the specified municipal services.
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Sec. 6-252. Definitions.
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i..;' The, following words when used herein shall have the meanings
indicated, unless the context clearly indicates otherwise: :
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"Owner'~ shall mean the person or legal entity reflected in
the public records of Serrdnole County, Florida, as the fee
simple title holder of real property upon which a structure
has been completed.
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"Specified municipal services" shall mean and be limited to
.:; ;:1: the. following municipal services provided. by. the City:
public safety, code enforcement, engineering, parks and
.'. Il !... ,recreation, street maintenance, and building maintenance
(excluding building maintenance on general services
functions). ,', I
"Structure". shall" mean any building, or. 1 improvements
constructed upon real property located within the corporate
limits of the City for which a certificate of occupancy is
required, either pennanent or temporary, for the full or
partial use thereof.
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Sec. 6-253. Establishment of Interim Services Fee.
Except as set forth in Sec. 6-255 hereof, an interim services fee is
hereby imposed upon every structure located within the City fram the date of
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issuance of a certificate of occupancy for such structure through December 31
of that year.. ;
Section. 6-254. Calculation of Interim Services Fee.
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(a) The fee schedule shall be based upon the cost of providing the
specified municipal services to the structures subject to the interim
services fee fram the date of issuance of a Certificate of:Occupancy through
December 31, of that year, less anticipated franchise fees, utility taxes,
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fines and forfeitures, charges for services and other revenues fram user-
based fees.
The initial interim services fees and all changes thereto shall
be by separate Resolution passed by the City Comrrdssion.
Fee schedul e shall,
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be,reyiew~. annually be: . the City C~ssion to make such revisions as are
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cOOsisten~, with.; the findings
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hereof 'and' the uses
and determinations.:, set forth;;; in' Section 6-251
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of the interim services fees set forth.in Section 6-258
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. ,',.,.". (b) Notwithstanding the fee schedule set forth ,,' in Sec. 6-254(a),
the minimum interim services fee charged shall be .Ten Dollars ,($10.00) . i.1
,'d (c)" The interim services fee for residential structures shall be
calculated on a per dwelling unit basis. The interim .services fee for new
hotel and motel structures shall be calculated on a per roam basis. The
interim services fee for all non-residential structures shall be calculated
on.the. basis of a cost per one thousand (1,000) gross square feet or gross
leasable square feet, or portion thereof.
(d) The building official shall be responsible for. calculating the
applicable interim services fee and determining the fee category into which a
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structure should be placed. If a structure does not clearly fit into a fee
category set forth in . Sec. 6-254(a) then the building official shall place
~uch. structure in. the fee category which he deems to be the ;.. roost consistent
with the purposes of this Chapter.
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...; i;; ; Sec. 6-255. Exemptions.
The interim services fees shall not be imposed upon:.
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Structures requiring a certificate of occupancy solely for
chang~ of use of said structure.
(2) Remodeling or additions to structures (such ,as swirrrrdng pools
and fences) which do not result in a net increase in gross square footage. .\
. ..... (3) _ Maintenance and repairs. 'f.'
:; J,(4) L.-,"' ,Any structure owned by governmental, ,units and, used for !
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governmental purposes, or governmentally owned structures which. are leased to
an organization which,uses the structure solely for tax-exempt purposes.
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Sec. 6-256. Collection of Interim Services Fee.
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The interim services fee
shall be paid by the owner of the real
property. prior to the issuance of a certificate. of occupancy, for any
structure located on the owner's real property. The building official shall
be charged with the responsibility for collection of the interim services
fees. ,Upon request for a certificate of occupancy, the building official
shall issue a statement of the interim services fee due and payable for the
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structure in question.
Such fee statement shall be presented to the owner of
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the,real property on which such structure is. located and shall be collected
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. :by th~ building official prior to the issuance of
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a certificate 'of occupancy.
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the interim services .fee,
In the event a person other than the owner pays
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then'the owner s~ll be discharged fram all further obligations hereunder to
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the City and the person paying such interim services fee . on behalf of the
owner shall not subsequently be entitled to a refund thereof.
Sec. 6-257. Issuance of Certificates of Occupancy.
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No certificate of occupancy, shall be issued for any structure, or
portion thereof, unless and until the interim services fee required by this
Chapter has been paid.
Sec. 6-258. Interim Services Fee Fund.
(a) The interim services fees collected by the City pursuant to
this Chapter shall be kept separated fram other revenue of the City and paid
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into a proprietary fund which is hereby created, to be known as the "Interim
Services Fee Fund". Such fund shall be used exclusively for the purposes of
providing the specified municipal services for the benefit of those
structures upon, which the interim services fee has been iITtlosed and
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collected.
(b) The city manager shall provide the City C~ssion with
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recommendations for e~penditure of monies fram the Interim Services Fee Fund
during the annual budget process.
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(c) Any funds on deposit in the Interim Services Fee Fund which are
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not immediately necessary for expenditure pursuant to this Chapter shall be
invested in interest bearing accounts. All income derived shall be deposited
in the Interim Services Fee Fund. OWners shall not receive a credit for or
be entitled to interest fram the investment of funds.
(d) Any funds on deposit in the Interim Services Fee Fund which are
not expended or encumbered six (6) years fram the date the interim services
fee was paid shall, upon application of the feepayer and proof of payment, be
returned with interest at the rate of six percent (6%) per annum fram the
,
date of payment.
SECTION III - Severability.
If any section, subsection, sentence,
clause, or phrase or portion of this Ordinance is for any reason held
unconstitutional or invalid by any court of competent jurisdiction such
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.;;'~;;i.""':; .:r '!.. ,J. SEcrI'ON IV
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..i.::\,:~. .. . .... ~~. ?onfl~ct: herew~th are hereby repealed.
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:\~';~IIJ~:I1;;;I;j~';lt.J:..,.~:.,; ;:i . ,( i~.1!:\ll~r'r!.jsECTIOI.t ...j" - Effective date: .: That this
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,n ,Iii' :~j~!ii;.!' .,;;':d:i' :li irrmediately: upon.. 'its 'final passage and adoption.
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portion shall. be deemed
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distinct and independent provision and
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the remainingj'ortion thereto.
Conflicts.
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That all ordinances. orj?arts of ordinances
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ordinance ':'shall'
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T A'ITEST::~".
this ~ day of
I 1992.
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CITY OF WINTER SPRINGS;;: FLORIDA
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KULB~S~ ,MAYOR' :ii:.;i;, . '.;....
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First. Reading
August 10,1992
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Posted
August 14. 1992
Second Reading and Public Hearing
September 14, 1992
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