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Home My WebLink AboutVI(A1) Ordinance No.96-17, Relating to Occupational License Tax, Amending Ch.119-5 Regarding Gasoline Filling Stations ( AGENDA 9-17-96 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" l Item VI A 1 Ocoee�; v.J� VL/.\J 1- Vt11L'KL]Kll'1 O� •• /O COMMISSIONERS Q CITY OF OCOEE RUSTYJ N SC OTT ANDERSNDERSON v O 150 N.LAKESHORE DRIVE SCOTT A.GLASS OCOEE,FLORIDA 34761-2258 JIM GLEASON 4), J% (407)656-2322 CITY MANAGER E46 Of G00o' ELLIS SHAPIRO STAFF REPORT TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS FROM: D.W. FLIPPEN,BUILDING AND ZONING OFFICIAL DATE: SEPTEMBER 10, 1996 SUBJECT: ADOPTION OF A NEW ORDINANCE RELATING TO THE OCCUPATIONAL LICENSE FEES FOR GASOLINE FILLING STATIONS ISSUE Should the Honorable Mayor and Board of City Commissioners approve the adoption of an ordinance that would amend our existing occupational licensing ordinance to provide a different method of calculating the occupational license fees for Gasoline Filling Stations? BACKGROUND/DISCUSSION When our existing Occupational License Ordinance was adopted on August 15, 1995, the charges for a gasoline filling station occupational license was changed from a simple fee of $120.00 per gasoline filling station to $75.00 plus $15.00 per nozzle per gasoline filling station. It has been brought to our attention that only one pump nozzle can be operated per each side of the pumping station at one time. It appears that charging $15.00 per nozzle for each of the nozzles located at each pumping station is excessive. Example: One gasoline filling station located within the City was charged $120.00 in 1995 for their occupational license and $540.00 in 1996. This particular station has 6 pumping stations with 36 nozzles. By revising the charge from "per nozzle" to "per pumping station", the new fee for the above example would be $165.00 which would still be an increase of $45.00 over the 1995 occupational license fee. RECOMMENDATION Staff respectfully recommends that the Honorable Mayor and Board of City Commissioners approve the adoption of this proposed ordinance. DWF/sas FOLEY & LARDNER ATTORNEYS AT LAW CHICAGO POST OFFICE BOX 2193 SAN DIEGO JACKSONVILLE ORLANDO, FLORIDA 32802-2193 SAN FRANCISCO LOS ANGELES 111 NORTH ORANGE AVENUE,SUITE 1800 TALLAHASSEE MADISON ORLANDO, FLORIDA 32801-2386 TAM PA MILWAUKEE TELEPHONE(407)423-7656 WASHINGTON D.C. SACRAMENTO FACSIMILE(407)648-1743 WEST PALM BEACH WRITER'S DIRECT LINE MEMORANDUM TO: Don Flippen, Building Official FROM: Paul E. Rosenthal, Esq. , City Attorney DATE: September 5, 1996 RE: Occupational License Tax: Gasoline Filina Stations Pursuant to your request, please find enclosed a proposed Ordinance amending Chapter 119 of the City Code with respect to the Occupational License Tax for Gasoline Filing Stations. As drafted, the Ordinance applies to Occupational License Taxes which are due and payable as of September 30, 1996 and subsequent years. Accordingly, any business paying the occupational license tax for the next fiscal year should receive a refund for any overpayment upon adoption of the Ordinance. Please note that pursuant to Section 205. 042 , Florida Statutes, prior to enacting an occupational license tax the City must give at least fourteen days public notice between the first and last reading of the ordinance. Accordingly, the first reading of the Ordinance should occur on September 17, the advertising of the Ordinance should occur on September 18, and the second reading and public hearing should occur on October 2, 1996. Since the City Commission has been changed from October 1 to October 2, there will be fourteen days notice between the first and last reading. Additionally, the advertisement should include the proposed classification and rate applicable to this specific occupational license tax. I would suggest that the City Clerk forward to me a draft of the advertisement for review and approval prior to publication. PER:dh Enclosure cc; Ellis Shapiro, City Manager (w/enc. ) Wanda Horton, Director of Finance(w/enc. ) Jean Grafton, City Clerk (w/enc. ) C:\WP51\DOCS\OCOE\MEMOS\PERDDH09.051 19/5/96 I DEBBIEH I:per ESTABLISHED 1 8 4 2 A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN,BRUSSELS,DRESDEN,FRANKFURT,LONDON,PARIS,SINGAPORE,STUTTGART AND TAIPEI ORDINANCE NO. 96-17 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO OCCUPATIONAL LICENSE TAX ON GASOLINE FILLING STATIONS; AMENDING SECTION 119-5 OF THE OCOEE CITY CODE WITH RESPECT THERETO; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to clarify and correct the terminology of Section 119-5 of Chapter 119 of the Code of Ordinances of the City of Ocoee pertaining to the occupational license tax on gasoline filling stations. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 166 and 205, Florida Statutes. SECTION 2. Section 119-5 of Chapter 119 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended in part as follows: Gasoline Filling Stations $75.00 plus, per nozzle $15.00 is revised and corrected to read: Gasoline Filling Stations $75.00 plus, per pumping station $15.00 SECTION 3. Limitation. Except as expressly corrected and amended herein, Section 119-5 of the Ocoee City Code shall remain unchanged and in full force and effect. SECTION 4. Severability. If any section,subsection, sentence,clause,phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter", "section", "article", or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 6. Effective Date. This Ordinance shall become effective immediately upon passage and adoption; provided, however, that this Ordinance shall be applicable only to occupational license taxes which become due and payable on September 30, 1996 and subsequent years thereafter. 2 PASSED AND ADOPTED this day of , 1996. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED September 18, 1996 READ FIRST TIME September 17, 1996 READ SECOND TIME AND ADOPTED , 1996 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this _ day of , 1996. FOLEY & LARDNER By: City Attorney C:\WP51\DOCS\OCOEE\ORDINANC 19/10/961 DEBBIEH 1 PER:dh 3