HomeMy WebLinkAboutResolution 447 Clarifying Ordinance 290
RESOLUTION NO. 447
A RESOLUTION CLARIFYING ORDINANCE NO. 290 AND
DIRECTING AN AMENDMENT OF SAME; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the CITY OF WINTER SPRINGS, FLORIDA (the "City"), duly
enacted Ordinance No. 290 on March 27, 1984; and,
WHEREAS, Ordinance No. 290 was intended to extend the FLORIDA
POWER CORPORATION (the "Grantee") electric service franchise for a
term of thirty (30) years from April 1, 1984; and,
WHEREAS, an ambiguity has been created by Section V of such
Ordinance; and,
WHEREAS, it was the intent of the City to clarify the question
of whether ad valorem taxes were included in the franchise fee and
not the intent of the City to deny the Grantee the right to offset
ad valorem taxes pursuant to Section IV of the Ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE PEOPLE OF THE CITY OF
WINTER SPRINGS, FLORIDA as follows:
Section 1. Ordinance No. 290 of the City is not intended to
exclude nor was it passed with the understanding that ad valorem
would be excluded from the term all taxes contained in Section IV of
such Ordinance.
The Grantee is entitled to deduct all ad valorem
taxes imposed or levied by the City upon the Grantee's electric pro-
perty, business or operations for the preceding tax year when deter-
mining the actual amount of the net franchise fee to be paid the
City pursuant to Section IV.
Section 2. The staff is to prepare an ordinance amending
Ordinance No. 290 to clarify this ambiguity and to reflect the
above-stated policy of this Board.
Section 3. This Resolution shall take effect immediately upon
is passage.
PASSED, this 22nd day of May, 1984.
CITY OF WINTER SPRINGS, FLORIDA
JOHN V. TORCASO, MAYOR
ATTEST:
Mary T. Norton
City Clerk
S&H MC-I
5.11.84
RECEIVED
MAY 30 1984
CITY OF WINTER SPRINGS
CITY HALL
Florida
Power
CORPORATION
May 23, 1984
The Honorable John V. Torcaso
Mayor, and the Board of
Commissioners
City of Winter Springs
Winter Springs, Florida
Subject: Electric Franchise Ordinance No. 290 and associated
Resolution of the City of Winter Springs.
Gentlemen:
The undersigned Florida Power Corporation hereby accepts the above-
mentioned franchise revision and each of the terms thereof as clarified
by the Resolution adopted May 22, 1984.
Please file this acceptance letter in the official records of the City,
so that it may be a matter of record along with the said franchise
ordinance No. 290, the aforesaid Resolution and the appropriate amend-
ments thereto.
Very truly yours
FLORIDA POWER CORPORATION
MHP/jh
i
~'
RESOLUTION N0. 447
A RESOLUTION CLARIFYING ORDINANCE N0. 290 AND
DIRECTING AN AMENDMENT OF SAME; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the CITY OF WINTER SPRINGS, FLORIDA (the "City"), duly
enacted Ordinance No. 290 on March 27, 1984; and,
WHEREAS, Ordinance No. 290 was intended to extend the FLORIDA
POWER CORPORATION (the "Grantee") electric service franchise for a
term of thirty (30) years from April 1, 1984; and,'
WHEREAS, an ambiguity has been created by Section V of such
Ordinance; and,
' WHEREAS, it was the intent of the City to clarify the question
of whether ad valorem taxes were included in the franchise fee and
not the intent of the City to deny the Grantee the right to offset
ad valorem taxes pursuant to Section IV of the Ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE PEOPLE OF THE CITY OF
WINTER SPRINGS, FLORIDA as follows:
Section 1. Ordinance No. 290 of the City is not intended to
exclude nor was it passed with the understanding that ad valorem
would be excluded from the term all taxes contained in Section IV of
such Ordinance. The Grantee is entitled to deduct all ad valorem
taxes imposed or levied by the City upon the Grantee's electric pro-
perty, business or operations for the preceding tax year when deter-
mining the actual amount of the net franchise fee to be paid the City
pursuant to Section IV.
Section 2. The staff is to prepare an ordinance amending
Ordinance No. 290 to clarify this ambiguity and to reflect the above-
stated policy of this Board.-
Section 3. This Resolution shalt take effect immediately upon ins
passage.
F
PASSED, this 22nd day of May, 1984.
CITY OF WINIT~R SPRINGS,
FLORIDA //
ATTEST:
City Clefk
S&H/MC ~I
5.11.84