HomeMy WebLinkAbout1997 11 10 Regular Item D
COMMISSION WORKSHOP
ITEM D
REGULAR X
CONSENT
INFORMATIONAL
November 10. 1997
Meeting
REQUEST: The Community Development Department, Building Division, requests the City
Commission approve Resolution No. 833, providing for the establishment of
Interim Service Fees, repealing Resolution No. 808, passed and adopted
December 9, 1996.
PURPOSE: The purpose of this Board Item is to request adoption of Resolution No. 833,
providing for the establishment ofInterim Service Fees, establishing Interim
Services Fees for 1998 in accordance with Ordinance No. 527.
BACKGROUND:
The City Commission determined that it was in the best interest of the City to
establish Interim Service Fees by adopting Ordinance No. 527 (attached).
Interim Service 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 Qccupancy, 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.
"Specified Municipal Services" is defined as follows:
*
*
*
Public Safety
Code Enforcement
Street Maintenance
*
Parks/Recreation
Engineering
Building Maintenance
*
*
November 10, 1997
Regular Agenda Item D
Page 2
There are three classes of Fees; Residential, HotellMotel and Non-residential.
The Interim Service Fees are assessed as follows: Residential is assessed on a per dwelling
unit basis. Non-residential is assessed at a cost per 1,000 square feet of gross leasable or
gross square footage. HoteVMotel is assessed per unit based on an assumed eighty-five
(85) percent occupancy factor.
The proposed fee shows a $11.87 increase in residential, a $12.58 increase in HotellMotel,
and a $14.80 increase for non-residential for a full year of service. The totals are pro-
rated throughout the rest of the year according to the following table:
1997
1998
Non
Residential Hotel/Motel Residential
Non
Residential Hotel/Motel Residential
January $ 133.81 $ 145.84 $ 171.58 $ 145.68 $ 158.42 $ 186.38
February $ 122.66 $ 133.69 $ 157.28 $ 133.54 $ 145.22 $ 170.85
March $ 111.51 $ 121.54 $ 142.98 $ 121.40 $ 132.02 $ 155.31
April $ 100.36 $ 109.38 $ 128.69 $ 109.26 $ 118.82 $ 139.78
May $ 89.21 $ 97.23 $ 114.39 $ 97.12 $ 105.61 $ 124.25
June $ 78.05 $ 85.08 $ 100.09 $ 84.98 $ 92.41 $ 108.72
July $ 66.90 $ 72.92 $ 85.79 $ 72.84 $ 79.21 $ 93.19
August $ 55.75 $ 60.77 $ 71.49 $ 60.70 $ 66.01 $ 77.66
September $ 44.60 $ 48.61 $ 57.19 $ 48.56 $ 52.81 $ 62.13
October $ 33.45 $ 36.46 $ 42.90 $ 36.42 $ 39.61 $ 46.59
November $ 22.30 $ 24.31 $ 28.60 $ 24.28 $ 26.40 $ 31.06
December $ 11.15 $ 12.15 $ 14.30 $ 12.14 $ 13.20 $ 15.53
APPLICABLE LAW:
The City of Winter Springs has the authority pursuant to Article VIII of the Constitution
of the State of Florida, Chapter 166, Florida Statutues to adopt ordinances authorizing
the establishment ofInterim Services Fees, and Ordinance No. 527, adopted by the City
Commission, September 14, 1992, authorizing Interim Service Fee Resolutions.
November 10, 1997
Regular Agenda Item D
Page 3
FUNDING:
No funding required to implement.
RECOMMENDA TIONS:
That the City Commission adopt Resolution No. 833 providing for Interim Service Fees
for Fiscal year 1998, contingent on legal review and approval by the City Attorney.
IMPLEMENTA TION SCHEDULE:
Resolution No. 833 providing for the establishment ofInterim Service Fees will become
effective, January 1, 1998.
ATTACHMENTS:
1. Ordinance No. 527 dated September 14, 1992, relating to Interim Service Fees.
2. Resolution No. 808, dated December 9, 1996, establishing Interim Service Fees
and repealing Resolution No. 775.
3. Proposed Resolution No. 833, establishing Interim Service Fees and repealing
Resolution No. 808.
4. Interim Service Fee Calculations for Fiscal Year 1998.
COMMISSION ACTION:
.'.""
. .
.
ORDINANCE NO. ~
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 CALaJLATION OF '111", IN'J'l'mM
SERVICES FEE AND ADOPTING A FEE SCHEDULE; PROVWI\'lI.: I:ll!l
EXEMPTIONS; PROVIDING FOR COLLEctION OF INTERIM SERVICES
FEES; PROHIBITING THE ISSUANCE OF CERTIFICATES OF OCaJPANCY
UNTIL PAYMENT OF THE INTERIM SERVICES FEE; PROVIDING FOR AN
INTERIM SERVICES FEE FUND; 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;
NCW, THEREFORE, BE IT ORDI\INED BY THE CITY CO-iMISSION 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".
SECT ION II
A new Article XI, Chapter 6 of the Code of Ordinances
of th~ City of Winter Springs, Florida, is hereby adopted and reads as
foIl ows:
Article XI. Interim Services Fee
Sec. 6-250. Authority
The City has
the authority to adopt thiJ Ordinance pursuant to
Article VIII of the Const'itution 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 municipal services (as
defined herein) exceed the fees charged for such services and consequently
those costs are bonne in large part through ad valorem taxation.
(2)
From the time a new structure is canpleted 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 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.
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(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 Wintee Speing, and reflect, the City's de,iee foe ftsc.1 mon.gement.
(5) The interim setvices 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 enforcBmP-nt, 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 pennanent or t~orary, 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
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be reviewed annually be the City ComrrUssion to make such revisions as are
consistent wrth 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 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 determining 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 deems 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 swirrndng pools
and fences) which do not result in a net increase in gross square footage.
(3) Maintenance and repairs.
(4)
structure owned by governmental
uni ts
and used for
Any
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 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
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 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 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 ITRmicipal 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 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.
SEcrION III
- Severability.
If any section, subsection, sentence,
Ordinance is Ifor any reason held
clause, or phrase or
I
portion of this
unconstitutional or invalid by any court of competent jurisdiction such
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portion shall be deemed a separate distinct and independent provision and
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such holding shall not affect the validity of the remaining portion thereto.
SECTION IV - Conflicts. That all ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION V - Effective date. That this ordinance shall take effect
immediately upon its final passage and adoption.
Passed and adopted this 1M day of ~
, 1992.
CITY OF WINTER SPRINGS, FLORIDA
ATI'EST:
~cZ T );~
CITY ERK
First Reading~g~st 10, 1992
Posted
August 14, 1992
Second Reading and Public Hearing
September 14, 1992
1-
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RESOLUTION NO. 808
A RESOLUTION OF THE CITY OF WINTER SPRlNGS, FLORIDA,
PROVIDING FOR TIlE ESTABLISHMENT OF AN INTERIM SERVICES
FEE; REPEALING RESOLUTION NO. 775; PROVIDING FOR
CONFLICTS AND EFFECTIVE DA IE.
'-
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 COM1vfISSION OF
THE CITY OF WINTER SPRlNGS, FLORIDA, THAT:
SECTION I - Resolution No. 775 passed and adopted February 12, 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 e.O. Issued Residential'" Hotel/Motel*'" Non-Residential"""'"
January $133.81 $145.84 $171.58
February $122.66 $ 133.69 $157.28
March $111.51 $121.54 $ 142.98
April $100.36 $109.38 $128.69
May $89.21 $97.23 $114.39
June $78.05 $85.08 $100.09
July $66.90 $72.92 $85.79
August $55.75 $60.77 $71.49
September $44.60 $48.61 $57.19
October $33.45. $36.46 $42.90
November $22.30 $24.31 $28.60
December $11.15 $12.15 $14.30
"f<"_-'"
'"
per dwelling unit
"''''
85% of commercial rate
\
"'''''''
per 1 000 square feet
SECTION III - TItis 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 01,1997.
tiJ
Passed and adopted this q day of ~~ , 1996
CITY OF WINTER SPRINGS, FLORIDA
ATrEST:
~~A.~
CITY C RK
ORD INANCrlDterimsl0003 .xls
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
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 1- 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* HotellMotel* * Non-Residential" *
January $145.68 . $ 158.42 $ 186.38
February $ 133.54 $ 145.22 $ 170.85
March $ I 2 I .40 $ 132.02 $155.31
April $ 109.26 $118.82 $ 139.78
May $ 97.12 $ 105.61 $ 124.25
June $ 84.98 $ 92.4 I $ 108.72
July $ 72.84 $ 79.21 $ 93.19
August $ 60.70 $ 66.01 $ 77.66
September $ 48.56 $ 52.81 $ 62.13
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 of total HoteJ/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 0 I, 1998.
Passed and adopted this day of , 1997
CITY OF WINTER SPRINGS, FLORIDA
PAUL P. PARTYKA, MAYOR
ATTEST:
CITY CLERK
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
MEMORANDUM
To:
Charles Carrington, Community Dev~nt Director
Donald Houck, Building Official V -
Date:
October 27, 1997
Re:
Interim Services Fee Calculations for calendar year 1998
The following is an explanation of how the proposed Interim Services Fees for 1998
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 as 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.
.t-
Page Two
Interim Service Fees
October 27, 1997
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 1998 shows a $11.87 increase in the Residential
Interim Services Fee and $14.80 increase in the Commercial Interim Services Fees.
If you have any questions, please contact me.
Harry Mance Director
cc: City Manager
CITY OF WINTER SPRINGS
INTERIM SERVICES FEE SCHEDULE
CALENDAR YEAR 1998
TABLE 1
GENERAL FUND REVENUES FY 92-93 THRU 96-97
OTHER REVENUE
PROPERTY TAX SOURCES TOT ALS*
$2,233,154 37% $3,793,416 63% $6,026,570
$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
YEAR
92-93
93-94
94-95
95-96
96-97
* EXCLUDES FUND BALANCE
TABLE 2
BUDGET BY DEPARTMENT
FISCAL YEARS 92-93 THRU 96-97
POLICE DEPARTMENT
PERSONAL
YEAR SERVICES OPERATING TOTAL
92-93 $1,519,632 $156,368 $1,676,000
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
FIRE DEPARTMENT
PERSONAL
YEAR SERVICES OPERATING TOTAL
92-93 $1,225,086 $257,845 $1,482,931
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
~
PUBLIC WORKS
PERSONAL
YEAR SERVICES OPERATING TOTAL
92-93 $563,279 $256,931 $820,210
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
RECREATION
PERSONAL
YEAR SERVICES OPERATING TOTAL
92-93 $386.273 $141,523 $527,796
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
TABLE 3
~
CALLS FOR SERVICE BY LAND USE CATEGORY
DEPARTMENT
RESIDENTIAL
NON
RESIDENTIAL
POLICE
75%
25%
FIRE/PARMEDICS
79%
21%
PUBLIC WORKS
80%
20%
RECREATION
100%
0%
\~
TABLE 4
CALCULATION OF FEES
RESIDENTIAL
NUMBER OF RESIDENTIAL UNITS
POLICE SERVICES @ 80%
FIRE/PARAMEDICS SERVICES @ 79%
PUBLIC WORKS SERVICES @ 80%
RECREATION SERVICES @ 100%
TOTAL EXPENDITURES
10894
CREDIT FOR NON-AD VALOREM TAXES
67%
$1,666,979
$1,386,657
$750,863
$961,717
$4,766,216
($3,179,188)
$1,587,028
$145.68
NET EXPENDITURES
COST OF SERVICE PER UNIT
NON-RESIDENTIAL
TOTAL SQUARE FOOTAGE
POLICE SERVICES @ 20%
FIRE/PARAMEDICS SERVICES@ 21%
PUBLIC WORKS SERVICES @ 20%
TOTAL EXPENDITURES
1,986,625
$555,660
$368,605
$187,716
CREDIT FOR NON-AD VALOREM TAXES
$1,111,980
67%
($741,719)
$370,261
$186.38
NET EXPENDITURES
COST OF SERVICE PER 1000 SQUARE FOOT
\, TABLE 5
CITY OF WINTER SPRINGS
INTERIM SERVICES FEE SCHEDULE
MONTH
C.O. HOTEL
ISSUED RESIDENTIAL .. MOTEL ** CO MM. ......
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 $108.72
JULY $72.84 $79.21 $93.19
AUGUST $60.70 $66.01 $77.66
EPTEMBER $48.56 $52.81 $62.13
OCTOBER $36.42 $39.61 $46.59
NOVEMBER $24.28 $26.40 $31.06
DECEMBER $12.14 $13.20 $15.53
.. PER DWELLING UNIT
.... PER UNIT OF OCCUPANCY RATE (85%)
...... PER 1000 SQUARE FEET