V (B1) Ordinance No. 96-17, relating to Occupational License Tax, amending Ch.199-5 regarding Gasoline Filling Stations I AGENDA 10.-02-96 \j
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Ocoee .a..,ti.�.. vtiri icKI,KIN7-
On; • S COMMISSIONERS
.6.' .. • a CITY OF OCOEE RUSTY JOHNSON
SCOTT ANDERSON
C 150 N.LAKESHORE DRIVE SCOTT A.GLASS
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� ;' OCOEE,FLORIDA 34761-225s JIM GLEASON
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(407)656-2322 CITY MANAGER
OF 0000 ELLIS SHAPIRO
STAFF REPORT
TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS
FROM: D.W. FLIPPEN, BUILDING AND ZONING OFFICIAL 7,.'
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
_MEMORANDIIM
TO: Don Flippen, Building Official
FROM: Paul E. Rosenthal, Esq. , City Attorney
DATE: September 5, 1996
RE: Occupational License Tax: Gasoline Filing 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. )
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A MEMBER OF GLOBALEX WITH MEMBER OFFICES IN BERLIN.BRUSSELS. DRESDEN.FRANKFURT. LONDON.PARIS.SINDAPORF_ STIITToART ANn TAiRFI
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 TIE 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.
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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
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