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HomeMy WebLinkAboutOrdinance 2002-18 Interim Services Fee ORDINANCE NO. 2002-18 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, REPEALING ARTICLE XI OF CHAPTER 6 OF THE CITY CODE ENTITLED INTERIM SERVICES FEE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the power of local governments to levy taxes is granted within Article VII of the Florida Constitution; and WHEREAS, the Florida Supreme Court has found interim governmental services fees are not valid special assessments, user fees nor impact fees, but instead an authorized tax as local jurisdictions may only tax real property as provided by the Florida Constitution or by general law. See Collier County v. State of Florida, 733 SO.2d 1012 (Fla. 1999); and WHEREAS, the City of Winter Springs discontinued collecting interim service fees immediately after the Collier County decision, and WHEREAS, as a "house-cleaning" matter the City Commission desires to remove the interim service fee provisions from the City Code; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by the reference as legislative findings of the City Commission of Winter Springs Section 2. Repeal Code. Chapter 6, Article XI, entitled Interim Services Fee is hereby repealed in its entirety. A copy of this Article is attached hereto as Exhibit "A" for reference purposes only. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Winter Springs Ordinance No. 2002-18 Page 1 of 2 Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 8th day of July , 2002. PAUL P. PARTYKA Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: Anthony A. Garganese, City Attorney First Reading: May 13, 2002 Second Reading: July 8, 2002 Effective Date: July 8, 2002 City of Winter Springs Ordinance No. 2002-18 Page 2 of 2 EXHIBIT "A" ARTICLE XI. INTERIM SERVICES FEE Sec. 6-250. Authority. The city has the authority to adopt this article pursuant to Article VIII of the Constitution of the State of Florida, Chapter 166, Florida Statutes. (Ord. No. 527. 2, 9-14-92) Sec. 6-251. Findings and determinations. It is hereby found, determined and declared as follows: (1) The costs of providing the specified municipal 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) From 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 compensation. (3) The demand for additional municipal services increases with the development or real property located in the city and the subsequent occupancy of structures located thereon and the existing fiscal structure of the city is insufficient to meet the ever increasing demands for municipal services imposed upon the city by such new development. (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 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 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. (Ord. No. 527, 2,9-14-92) 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. 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 swimming pools and fences) which do not result in a net increase in gross square footage. (3) Maintenance and repairs. (4) Any structure owned by governmental units and used for governmental purposes, or governmentally owned structures which are leased to an organization which uses the structures solely for tax-exempt purposes. (Ord. No. 527, 2, 9-14-92) 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 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 structure in question. 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. (Ord. No. 527, 2, 9-14-92) Sec. 6-257. Issuance of certificates of occupancy. 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. (Ord. No. 527, 2, 9-14-92) 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 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 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 (Ord. No. 527, S 2, 9-14-92) Sec. 6-253. Establishment of interim services fee. Except as set forth in section 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. (Ord. No. 527, S 2,9-14-92) Sec. 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 charges thereto shall be by separate resolution passed by the city commission. Fee schedule shall be reviewed annually by the city commission to make such revisions as are consistent with the findings and determinations 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 section 6-254(a), the minimum 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 nonresidential 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 structure should be placed. If a structure does not clearly fit into a fee category as set forth in section 6-254(a) then the building official shall place such structure in the fee category which he deems to be the most consistent with the purposes of this chapter. (Ord. No. 527, S 2, 9-14-92) Sec. 6-255. Exemptions. 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 were paid shall, upon application of the feepayer and proof of payment, be returned with interest at the rate of six (6) percent per annum from the date of payment. (Ord. No. 527, S 2, 9-14-92) CITY OF WINTER SPRINGS INTERIM SERVICE FEE & EXEMPTIONS FROM PERMIT REOUIREMENTS THE CITY Of WINTER SPRINGS PROPOSES TO ADOPT THE FOL- LOWING ORDINANCES: ORDINANCE NO. 2002-18 AN ORDINANCE Of THE CITY COMMISSION Of THE CITY Of WINTER SPRINGS, FLORI- DA, REPEALING ARTICLE XI Of CHAPTER 6 Of THE CITY CODE ENTITLED INTERIM SERVICES FEE; PROVIDING FOR THE REPEAL Of PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVID- ING fOR SEVERABILITY' AND PROVIDING FOR AN EFFEC- TIVE DATE. ORDINANCE NO. 2002-21 AN ORDINANCE Of THE CITY COMMISSION Of THE CITY OF WINTER SPRINGS, FLORI DA, AMENDING SECTION 16- 55 Of THE CITY CODE OF OR- DINANCES, ENTITLED EXEMP- TIONS FROM PERMIT RE- QUIREMENTS; PROVIDING FOR AN EXEMPTION FROM SIGN PERMIT FEES FOR SCHOOLS AND GOVERNMENT AGENCIES; PROVIDING FOR THE REPEAL OF PRIOR IN. CONSISTENT ORDINANCES AND RESOLUTIONS; PROVID- ING fOR INCORPORATION IN- TO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFEC- TIVE DATE. A PUBLIC HEARING ON THE PROPOSED ORDI- NANCES WILL BE HELD ON MONDAY, JULY 8, 2002, AT 6:30 P.M. IN THE COMMISSION CHAM- BERS LOCATED AT THE WINTER SPRINGS CITY HALL, 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA The ordinances may be in- spected or obtained by in- terested parties between the hours of 8 a.m. and 5 p.m., Mondav through Fridav, at the Citv's Clerk's Office, lo- cated at 1126 East State Road 434, Winter Springs, Florida. For more informa- tion call (407) 327-1800 #227. Persons with disabilities needing assisfance to partic- pate in anv of these pro- ceedings should contact the Employee Relations Depart- ment Coordinator, 48 hours in advance of the meeting at (407) 327-1800, Extension 236. This is a public hearing. If vou decide to appeal anv recommendation/decision made bv the Citv Commis- sion with respect to anv matter considered at this meeting, you will need a re- cord of the proceedings, and for such purposes, you may need to ensure that a verba- tim record of the proceed- ings is made upon which the appeal would be based. Andrea Lorenzo-Luaces Citv Clerk CSE4517725 JUNE 16, 2002 Orlando Sentinel Published Daily State of Florida COUNTY OF ORANGE Before the undersigned authority personally appeared Julia Nichols , who on oath says that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally newspaper published at ALTAMONTE SPRINGS in SEMINOLE County, Florida; that the attached copy of advertisement, being a CITY OF WINTER SPR in the matter of ORD. 2002-18,2002-21 in the SEMINOLE Court was published in said newspaper in the issue of 06/16/02. Affiant further says that the said Orlando Sentinel is a newspaper published at ALTAMONTE SPRINGS in said SEMINOLE County, Florida, and that the said newspaper has heretofore been continuously published in said SEMINIOLE County, Florida, each Week Day and has been entered as second-class mail matter at the post office in AI TAMONTE SPRINGS: in said SEMINOLE County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, fir or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The foregoing instrument was acknowledged before me this 17th day of June, 2002, by Julia Nichols who is personally known to me and who did take an oath. (SEAL) DEBORAH M TONEY MyComm Exp.11/18/2OO5