HomeMy WebLinkAboutOrd. 91-26
ORDINANCE NO. 91- 26
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AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
RELATING TO INTERIM SERVICES FEES; CREATING
CHAPTER 33 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 THE
INTERIM SERVICES FEE AND ADOPTING A FEE
SCHEDULE; PROVIDING FOR 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 FUND; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City commission of the City of Ocoee has
received and approved a study indicating the need for additional
municipal services as a result of new development and setting forth
a plan for the providing of municipal services to such new
developments; and
WHEREAS, the above-referenced study establishes the
relationship between the need for additional municipal services
required as a result of such development and the cost to the City
of providing such services; and
WHEREAS, the study recommends the imposition of an
interim services fee to defray the cost of providing certain
specified municipal services to new development and that the monies
generated from such interim services fee be earmarked for the
providing of certain specif ied municipal services to such new
development; and
WHEREAS, the City commission of the City of Ocoee has
determined that it is in the best interests of the citizens and
residents of the City of Ocoee to impose an interim services fee
on certain new developments.
.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. Short Title. This Ordinance shall be known
and may be cited as the "Interim Services Fee Chapter".
Section 2. A new Chapter 33 of the Code of Ordinances
of the City of Ocoee, Florida is hereby adopted and reads as
follows:
CHAPTER 33
INTERIM SERVICES FEE
Sec. 33-1. 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 and Section 30 of
Article II of the Charter of the City of Ocoee.
Sec. 33-2. Findinqs and Determinations.
It is hereby found, determined and declared as follows:
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(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 of 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
Ocoee and reflects the City's desire for sound fiscal
management.
(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. 33-3. 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 Orange 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.
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Sec. 33-4. Establishment of Interim Services Fee.
Except as set forth in Sec. 33-6 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.
Sec. 33-5. Calculation of Interim Services Fee.
(a) The interim services fee shall be charged in
accordance with the following fee schedule:
See Exhibit "A" attached hereto and
incorporated herein by reference.
.
The fee schedule set forth above is 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
forfei tures, charges for services and other revenues from
user-based fees. The City commission shall annually review
the fee schedule set forth above in order to make such
revisions as are consistent with the findings and
determinations set forth in Sec. 33-2 hereof and the uses of
the interim services fees set forth in Sec. 33-9 hereof.
(b) Notwithstanding the fee schedule set forth in Sec.
33-5(a) above, 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 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. 33-5(a) above, 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. 33-6. 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
swimming pools and fences) which do
increase in gross square footage.
structures
not result
(such as
in a net
(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 structure
solely for tax-exempt purposes.
(5) Remodeling or additions to existing residential
dwelling units.
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Sec. 33-7. 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, either permanent or temporary, 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.
Sec. 33-8. Issuance of certificates of Occupancy.
No certificate of occupancy, either temporary or
permanent, shall be issued for any structure, or portion
thereof, unless and until the interim services fee required
by this Chapter has been paid.
Sec. 33-9. 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 in the Interim
Services Fee Fund during the annual budget process or from
time to time as needed. The City Commission by resolution
shall approve all expenditures from the fund upon a
determination that such expenditures are consistent with this
Chapter and the purposes for which the interim services fees
were collected.
(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 two (2) 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.
Section 3.
Severability. If any section, subsection,
sentence, clause, or phrase or portion of this Ordinance is for
any reason held unconstitutional or invalid by any court of
competent jurisdiction such portion shall be deemed a separate,
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.
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distinct and independent provision and such holding shall not
affect the validity of the remaining portion thereto.
section 4. Effective Date. This Ordinance shall become
effective on October 1, 1991.
PASSED AND ADOPTED this /01, ~
day of ~1"ff?lt6'~ , 1991.
APPROVED:
ATTEST:
FLORIDA
ADVERTISED August 31 , 1991
READ FIRST TIME September 3, 1991
READ SECOND TIME AND ADOPTED
_~ €-fJn-rn IJ ~ /J- , 1991
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA.
APPROVED AS TO FO~,~..~ LEGALITY
this 1'd.-t:h day of ~b6, 1991.
FOLEY & rrNER APPROVED BY THE OCOEE CITY
1o.JJ/~ COMMI~ION AT A MEETING HELD
~, ON ~€-li67"/JH!... I~ , 1991
By: UNDER AGENDA ITEM NO.:--re: .
City Attorney -
WP50A\OCOE\107C(3)
01-4758 (08/28/91)
5
EXHIBIT "A"
TO ORDINANCE 91- 26
CITY OF OCOEE
INTERIM SERVICES FEE SCHEDULE
FEE CATEGORY
Month c.o. Hotel/
Issued Residential. Motel.. Non-residential...
.
January $ 78.51 $58.65 $ 103.14
February 71.83 53.66 94.36
March 65.18 48.69 85.62
April 58.55 43.74 76.92
May 51. 94 38.80 68.24
June 45.37 33.89 59.60
July 38.81 28.99 50.99
August 32.29 24.12 42.41
September 25.78 19.26 33.87
October 19.30 14.41 25.35
November 12.84 9.59 16.87
December 6.41 4.79 8.42
e*
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fee per dwelling unit
fee per hotel/motel room
fee per 1,000 gross square feet or gross leasable square feet
WP50A\OCOE\107C(3)
01-4758 (08/28/91)