HomeMy WebLinkAbout1998 12 14 Consent Item A
COMMISSION AGENDA
ITEM A
Consent X
Informational
Public Hearing
Regular
December 14. 1998
Meeting
REQUEST: The Community Development Department, Building Division requests the City
Commission approve Resolution No. 872, providing for the establishment of Interim
Services Fees, and repeal of Resolution No. 833 passed and adopted November 11,
1997.
PURPOSE: The purpose ofthis Board Item is to request adoption of Resolution No. 872,
providing for the establishment of Interim Services Fees for the 1999 calendar year in
accordance with Ordinance No. 527.
BACKGROUND: The City Commission determined that it was in the best interest of the City of
Winter Springs to establish Interim Services Fees by adopting Ordinance No.
527 (attached).
Interim Services Fees are designed to pay for municipal services from the time
a new structure is completed and occupied until the structure is included on the
Ad Valorem tax rolls.
The fee is based upon the cost of providing the "Specified Municipal Service"
to the structures from the date of issuance of a Certificate of Occupancy
through December 31 of that year, less anticipated franchise fees, utility taxes,
fmes and forfeitures, charges for services and other revenues from user - based
fees.
JULY 27, 1998
AGENDA ITEM
Page 2
"Specified Municipal Services" is defined as follows:
* Public Safety
* Code Enforcement
* Street Maintenance
* ParkslRecreation
* Engineering
* Building Maintenance
There are three classes of Fees; Residential, HotellMotel and Non-Residential.
The Interim Services Fee for Residential is calculated on a per dwelling unit basis. Non-
Residential is calculated on a cost per 1000 gross square foot or gross leasable square foot.
HotellMotel is based on 85% ofthe Non-Residential rate assuming an 85% occupancy
factor.
The proposed fee reflects a $28.20 increase for Residential, a $31.56 increase for
HotellMotel, and a $37.13 increase for Non-Residential for a full year of services as
proposed and recommended by the Finance Director based on calculations contained in the
attached memo dated October 29,1998. The fees are pro-rated throughout the rest of the
year according to the following table:
1998 1999
Non Non
Residential Hotel/Motel Residential Residential Hotel/Motel Residential
January $145.68 $158.42 . $186.38 $173.88 $189.98 $223.51
February $133.54 $145.22 $170.85 $159.39 $174.15 $204.88
March $121.40 $132.02. $155.31 $144.90 $158.32 $186.26
April $109.26 $118.82 $139.78 $130.41 $142.49 $167.63
May $ 97.12 $105.61 $124.25 $115.92 $126.65 $149.01
June $ 84.98 $ 92.41 $108.72 $101.43 $110.82 $130.38
July $ 72.84 $ 79.21 $ 93.19 $ 86.94 $ 94.99 $111.75
August $ 60.70 $ 66.01 $ 77.66 $ 72.45 $ 79.16 $ 93.13
September $ 48.56 $ 52.81 $ 62.13 $ 57.96 $ 66.33 $ 74.50
October . $ 36.42 $ 39.61 $ 46.59 $ 43.47 $ 47.50 $ 55.88
November $ 24.28 $ 26.40 $ 31.06 $ 28.98 $ 31.66 $ 37.25
December $ 12.14 $ 13.20 $ 15.53 $ 14.49 $ 15.83 $ 18.63
JULY 27, 1998
AGENDA ITEM
Page 3
APPLICABLE LAW AND PUBLIC POLICY:
The City of Winter Springs has the authority pursuant to Article vrn of the Constitution of the State
of Florida, Chapter 166, Florida Statutes to adopt ordinances authorizing the establishment of
Interim Services Fees, and Ordinance No. 527 adopted by the City Commission September 14,
1992, authorizing Interim Services Fee Resolutions.
FUNDING:
No funding required.
RECOMMENDATION:
That the City Commission adopt Resolution No. 872 providing for Interim Services Fees for
Calendar year 1999.
IMPLEMENTATION SCHEDULE:
Resolution No. 872 providing for the establishment of Interim Services Fees will be effective
January 1, 1999.
ATTACHMENTS:
· Ordinance No. 527 dated September 14, 1992 relating to Interim Services Fees.
· Resolution No. 833 dated November 11, 1997 establishing Interim Services Fees and
repealing resolution No. 808.
· Proposed Resolution No. 872, Establishing Interim Services Fees and repealing
Resolution No. 833.
· Interim Services Fee calculations for Calendar Year 1998.
COMMISSION ACTION:
RESOLUTION NO. 872
A RESOLUTION OF THE CITY OF WlNTER SPRINGS, FLORIDA,
PROVIDlNG FOR THE ESTABLISHMENT OF AN lNTERIM SERVICES FEE;
REPEALING RESOLUTION NO. 833; 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
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. 833 passed and adopted November 11, 1997 is
hereby repealed in its entirety.
SECTION IT - The following fee schedule for Interim Services Fees is adopted
as being the official Interim Services Fee Schedule for the City of Winter Springs, Florida;
Month C. O. Issued
Residential*
Hotel/Motel**
Non-Residential ***
January
February
March
April
May
June
July
August
September
October
November
December
$173.88
$159.39
$144.90
$130.41
$115.92
$101.43
$ 86.94
$ 72.45
$ 57.96
$ 43.47
$ 28.98
$ 14.49
$189.98
$174.15
$158.32
$142.49
$126.65
$110.82
$ 94.99
$ 79.16
$ 66.33
$ 47.50
$ 31.66
$ 15.83
$223.51
$204.88
$186.26
$167.63
$149.01
$130.38
$111.75
$ 93.13
$ 74.50
$ 55.88
$ 37.25
$ 18.63
* PER DWELLING UNIT
** PER UNIT OF OCCUPANCY RATE (85%)
*** PER 1000 SQUARE FEET
SECTION III - This Resolution shall remain in force and effect until
supplemented, amended, repealed or otherwise altered.
SECTION IV - All Resolutions in conflict with this Resolution are hereby
repealed.
SECTION V - Upon its passage and approval, this Resolution shall be effective
January 01, 1999.
Passed and adopted this Day of 1998
CITY OF WINTER SPRINGS FLORIDA
PauIP.Partyka,Mayor
...-..;
-~'.~
~.
RESOLUTION NO. 833
A RESOLUTION OF THE CITY OF WINTER SPRINGS, FLORIDA,
PROVIDING FOR THE ESTABLISHMENT OF AN INTERIM SERVICES
FEE; REPLEALING RESOLUTION NO. 808; PROVIDING FOR
CONFLICTS AND EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Winter Springs, Florida, has
detennined 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, FLO~A, THAT:
... ~ .-.-."
SECTION I - Resolution No. 808, passed and adopted December 9, 1996, 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* U
January $145.68 $ 158.42 $ 186.38
February $ 133.54 $ 145.22 $ 170.85
March $ 121.40 $ 132.02 $ 155.31
April $ 109.26 $ 118.82 $ 139.78
May $ 97.12 $ 105.61 $ 124.25
June $ 84.98 $ 92.41 $ ]08.72
July $ 72.84 $ 79.21 $ 93.19
August $ 60.70 $ 66.01 $ 77.66
September $ 48.56 $ 52.81 $ 62.]3
October $ 36.42 $ 39.61 $ 46.59
November $ 24.28 $ 26.40 $ 31.06
December $ 12.14 $ 13.20 $ 15.53
. per dwelling unit
.. 85 percent oftotaJ Hotel/Motel units.
... per 1000 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.
SECTION V - Upon its passage and approval, this Resolution shall be effective,
January 01, 1998.
IJ..
Passed and adopted this ~ day Of~ 1997
CITY OF WINTER SPRINGS, FLORIDA
__ ~'.i','
ATTEST:
~"k. ;tI,J'~
CITY CLERK
wp\Bldglresol833 .11-10-97
...
MEMORANDUM
From:
Charles Carrington, Community Development Director
Donald Houck, Building Official
Harry E. Martin, Finance Director j;f~
October 29, 1998
To:
Date:
Re:
Interim Services Fee Calculations for calendar year 1998
The following is an explanation of how the proposed Interim Services Fees for 1999
were computed.
Table 1 represents a breakdown between Ad Valorem Tax Revenue and all Other
General Fund Revenues exclusive of Fund Balance and a percentage of each to the
Total.
Table 2 is a breakdown of Personal Services (Salaries & Fringes) and all Other
Operating expenses for the Police, Fire, Public Works and Recreation departments for
the Fiscal Year.
Table 3 shows the allocation between Residential and Non-Residential Calls for Service
by Land Use by the four different departments.
Table 4, which is the Fee Calculation Schedule, includes information furnished by the
Building Department covering the additional new houses built and the additional square
footage added the commercial development. These are accumulative from year to
year. Based upon the various percentages from Table 3 applied against the breakdown
of departmental expenses from Table 2 an allocation is made to Residential and Non-
Residential. A credit based upon Table 1 calculations is applied to the totals computed
from the department applications to arrive at a proportionate share to be covered by Ad
Valorem Taxes, the net of which is allocated based upon total number of residential
houses and total square footage for commercial.
Page Two
Interim Service Fees
October 29, 1999
Table 5 represents the proposed Fee Schedule for Residential, Hotel/Motel and
Commercial prorated over the twelve (12) months, in order to properly charge for the
time frame for which the new construction is receiving the benefit of services but not
paying Ad Valorem Taxes to cover those services.
The proposed fees for calendar year 1999 shows a $28.20 increase in the Residential
Interim Services Fee and a $37.13 increase in the Commercial Interim Services Fees.
These increases are due to the increase in the budget from FY 97 to FY 98.
If you have any questions, please contact me.
Harry Martin, Finance Director
cc: City Manager
CITY OF WINTER SPRINGS
INTERIM SERVICES FEE SCHEDULE
CALENDAR YEAR 1999
TABLE 1
GENERAL FUND REVENUES FY 93-94 THRU 97-98
OTHER REVENUE
PROPERTY TAX SOURCES TOT ALS*
$2,511,548 38% $4,073,247 62% $6,584,795
$2,575,605 35% $4,776,376 65% $7,351,981
$2,677,041 33% $5,458,485 67% $8,135,526
$2,783,950 33% $5,576,901 67% $8,360,851
$3,079,058 34% $5,923,109 66% $9,002,167
YEAR
93-94
94-95
95-96
96-97
97-98
* EXCLUDES FUND BALANCE
TABLE 2
BUDGET BY DEPARTMENT
FISCAL YEARS 93-94 THRU 97-98
POLICE DEPARTMENT
PERSONAL
YEAR SERVICES OPERATING TOTAL
93-94 $1,544,982 $160,532 $1,705,514
94-95 $1,655,471 $213,191 $1,868,662
95-96 $1,688,208 $154,507 $1,842,715
96-97 $1,852,613 $370,025 $2,222,638
97 -98 $2,148,820 $479,132 $2,627.952
FIRE DEPARTMENT
PERSONAL
YEAR SERVICES OPERATING TOTAL
93-94 $1,337,030 $304,502 $1,641,532
94-95 $1,428,517 $292,890 $1,721,407
95-96 $1,545.855 $177,537 $1,723,392
96-97 $1,600,024 $155,238 $1,755.262
97 -98 $1,697,913 $243,044 $1,940,957
PUBLIC WORKS
PERSONAL
YEAR SERVICES OPERATING TOTAL
93-94 $452,518 $293,045 $745,563
94-95 $462,444 $413,114 $875,558
95-96 $582,199 $403,990 $986,189
96-97 $528,631 $409,948 $938,579
97-98 $634,782 $572,362 $1,207,144
RECREATION
PERSONAL
YEAR SERVICES OPERATING TOTAL
93-94 $363,061 $193,709 $556,770
94-95 $435,691 $237,390 $673,081
95-96 $516,388 $237,169 $753,557
96-97 $553,052 $408,665 $961,717
97 -98 $596,950 $642,498 $1,239,448
TABLE 3
CALLS FOR SERVICE BY LAND USE CATEGORY
DEPARTMENT
RESIDENTIAL
NON
RESIDENTIAL
POLICE
75%
25%
FlRE/PARMEDICS
79%
21%
PUBLIC WORKS
80%
20%
RECREATION
100%
0%
TABLE 4
CALCULATION OF FEES
RESIDENTIAL
NUMBER OF RESIDENTIAL UNITS
POLICE SERVICES @ 75%
FIRE/PARAMEDICS SERVICES @ 79%
PUBLIC WORKS SERVICES @ 80%
RECREATION SERVICES @ 100%
TOTAL EXPENDITURES
CREDIT FOR NON-AD VALOREM REVENUES
NET EXPENDITURES
COST OF SERVICE PER UNIT
NON-RESIDENTIAL
TOTAL SQUARE FOOTAGE
POLICE SERVICES @ 20%
FIRE/PARAMEDICS SERVICES @ 21 %
PUBLIC WORKS SERVlCES@ 20%
TOTAL EXPENDITURES
CREDIT FOR NON-AD VALOREM REVENUES
NET EXPENDITURES
COST OF SERVICE PER 1000 SQUARE FOOT
66%
11231
$1,970,964
$1,533,356
$965,715
$1,239,448
$5,709,483
($3,756,639)
$1,952,844
$173.88
66%
1,998,599
$656,988
$407,601
$241 ,429
$1,306,018
($859,314 )
$446,704
$223.51
l .
., I 1 t-
TABLE 5
CITY OF WINTER SPRINGS
INTERIM SERVICES FEE SCHEDULE
MONTH
C.O. HOTEL
ISSUED RESIDENTIAL * MOTEL ** COMM.***
JANUARY $173.88 $189.98 $223.51
FEBRUARY $159.39 $174.15 $204.88
MARCH $144.90 $158.32 $186.26
APRIL $130.41 $142.49 $167.63
MAY $115.92 $126.65 $149.01
JUNE $101.43 $110.82 $130.38
JULY $86.94 $94.99 $111.75
AUGUST $72.45 $79.16 $93.13
EPTEMBER $57.96 $63.33 $74.50
OCTOBER $43.47 $47.50 $55.88
NOVEMBER $28.98 $31.66 $37.25
DECEMBER $14.49 $15.83 $18.63
* PER DWELLING UNIT
** PER UNIT OF OCCUPANCY RATE (85%)
*** PER 1000 SQUARE FEET
...
ORDINANCE NO. 2ll_
AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA,
RELATING TO INTERIM SERVICES FEES: CREATING ARTICLE XI,
CHAPTER 6 OF THE CODE OF ORDINANCES; ESTABLISHING
AUTHORITY; MAKING FINDINGS AND DETERMINATIONS: PROVIDING
FOR DEFINITIONS: PROVIDING FOR ESTABLISHMENT OF AN INTERIM
SERVICES FEE; PROVIDING FOR CALCULATION OF 1~W I iF;;:l.: II~
SERVICES FEE AND ADOPTING A FEE SCHEDULE; PROVL
EXEMPTIONS; PROVIDING FOR COLLECTION OF INTERIM SERVICES
FEES; PROHIBITING THE ISSUANCE OF CERTIFICATES OF OCCUPANCY
UNTIL PAYMENT OF THE INTERIM SERVICES FEE; PROVIDING FOR AN
INTERIM SERVICES FEE ruND; PROVIDING FOR SEVERABILITY;
CONFLICTS AND EFFECTIVE DATE.
WHEREAS, The City Commission of the City of Winter Springs, Florida,
finds it in the public interest to provide an interim service fee;
Na-I, THEREFORE, BE IT ORDAINED BY THE CITY CCMMISSION OF
THE CITY OF WINTER SPRINGS, FLORIDA AS FOLLCWS:
SECTION I - Short title. this Ordinance shall be known and may be
cited as the "Interim Services Fee".
SECTION II - A new Article XI, Chapter 6 of the Code of Ordinances
of the City of Winter Springs, Florida, is hereby adopted and reads as
II'-
follows:
Article XI. Interim Services Fee
Sec. 6-250. Authority
The City has the authority to adopt this Ordinance pursuant to
Article VIII of the Constitution of the State of Florida, Chapter
166, Florida Statutes.
Sec. 6-251. Findings and Determinations
It is hereby found, determined and declared as follows:
(1) The costs of providing the specified mur,icipal services (as
defined herein) exceed the fees charged for such services and consequently
those costs are.borne in large part through ad valorem taxation.
(2) Fram the time a new structure is completed and occupied until
the structure is included on the ad valorem tax rolls as of the ensuing
January 1, the City provides the specified municipal services and other
direct services for which it receives no comp~nsation.
(3) The demand for additional municipal services increases with the
development of real property located in the City and the subsequent occupancy
of structures located thereon and the existing fiscal structure of the City
is irisufficient to meet the ever increasing demands for municipal services
imposed upon .the City by such new development.
1
~
(4) The implementation of an interim services fee to defray the
costs to the city of providing the specified municipal services to newly
improved property prior to the imposition of ad valorem taxes Oll 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 manags~ent.
(5) The interim services fee imposed by this Chapter is not in any
manner, directly or indirectly, intended as an ad 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.
Sec. 6-252. Definitions.
The following words when used herein shall have the meanings
indicated, unless the context clearly indicates otherwise:
"owner" shall mean the person or legal entity reflected in
the public records of seminole County, Florida, as the fee
simple title holder of real property upon which a structure
has been completed.
..
"specified municipal services" shall mean and be limited to
the following municipal services provided by the City:
public safety, code enforcement, engineering, parks and
recreation, street maintenance, and building maintenance
(excluding building maintenance on general services
functions) .
"structure" shall mean any building or improvements
constructed upon real property located within the corporate
limits of the city for which a certificate of occupancy is
required, either permanent or temporary, for the full or
partial use thereof.
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 from the date of
issuance of a certificate of occupancy for such structure through December 31
of that year.
Section. 6-254. Calculation of Interim Services Fee.
(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 from the date of issuance of a Certificate of Occupancy through
December 31," of that year, less anticipated franchise fees, utility taxes,
fines and forfeitures, charges for services and other revenues from user-
based fees.
The initial interim services fees and all changes thereto shall
be by separate Resolution passed by the City commission.
Fee schedule shall
2
...
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be reviewed annual:y be the City Comnission to make such revisions as are
consistent with the findings and deteL~nations set forth in Section 6-251
hereof and the uses of the interim services fees set forth in Section 6-258
hereof.
..
(b) Notwithstanding the fee schedule set forth in Sec. 6-254(a),
the rrdnimum interim services fee charged shall be Ten Dollars ($10.00).
(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 room 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 deterrrdning the fee category into which a
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
such structure in the fee category which he d~~~s to be the most consistent
with the purposes of this Chapter.
Sec. 6-255. Exemptions.
The interim services fees shall not be imposed upon:
(1) Structures requiring a certificate of occupancy solely for'
change of use of said structure.
(2) Remodeling or additions to structures (such as swi~ng pools
and fences) which do not result in a net increase in gross square footage.
(3) Maintenance and repairs.
(4) Any structure owned by goveL1Unental units and used for
governmental purposes, or governmentally owned structures which are leased to
an organization which uses the structure solely for tax-exempt purposes.
Sec. 6-256. Collection of Interim Services Fee.
The interim services fee shall be paid by the owner of the real
property prior to the issuance of a certificate of occupancy, for fu,y
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 fu,d payable for the
3
structure in quest~Jn. Such fee statement shall be presented to the owner of
the real property on which such structure is located and shall be collected
by the building official prior to the issuance of a certificate of occupancy.
In the event a person other than the owner pays the interim services fee,
then the owner shall be discharged from all further obligations hereunder to
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.
No certificate of occupancy, shall be issued for ~1Y 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 from other revenue of the City and paid
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
6-
structures upon which the interim services fee has been imposed and
collected.
(b) The city manager shall provide the City Commission with
recommendations for expenditure of monies from the Interim Services Fee Fund
during the annual budget process.
(c) Any funds on deposit in the Interim Services Fee Fund which are
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 from the investment of funds.
(d) Any funds on deposit in the Interim Services Fee Fund which are
not expended or encumbered six (6) years from 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 from the
date of payment.
SEC1'ION III
..
clause, or phrase or
unconstitutional or
f
.-
..;'
- Severability.
If any section, subsection, sentenc~,
Ordinance is for any reason held
portion of this
invalid by any
court of competent jurisdiction such
4
,
portion sha: 1
~ ~~~&:: a sepa:-a:e
.. " .
:":05::::':: a.-.=
,. .. .
:~~e;::.=~~: ;~=v:s:~ a:tC
such holding sha:: no: a::e:: :::e va:i~:y == ::.: :-=:-.3.:'::.:.:-.; ~.::-:::..:::: ::-~e:-e:~.
S-wCT:a{ :v - C0nf!icts. ~~t a:: ::~:~::_::: __ ~~~:; c: c=c:~~;ce;
in conflict herewith are hereby repealed.
SEcrION V - Effective date. That this ordinance shall take effect
immediately upon its final passage and adoption.
Passed and adopted this ~ day of
4-t;;~
, 1992.
CITY OF WINTER SPRINGS, FLORIDA
~.
MAYOR
ATrEST:
..
-~~r~
C TY ERK
First Reading~g~st 10, 1992
Posted
August 14, 1992
Second Reading and Public Hearing
September 14, 1992
5