HomeMy WebLinkAboutResolution No. 2016-05 RESOLUTION NO. 2016-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
ADOPTING A FIRE PROTECTION SERVICE CHARGE
FOR FIRE HYDRANT FEES PURSUANT TO SECTION
38-8 OF THE CITY CODE, EFFECTIVE APRIL 1, 2016;
PROVIDING FOR AN AUTOMATIC 3% INCREASE IN
SUCH FEES EFFECTIVE OCTOBER 1ST OF EACH
FISCAL YEAR UNLESS OTHERWISE DETERMINED BY
THE CITY COUNCIL DURING ADOPTION OF THE
CITY'S ANNUAL BUDGET; PROVIDING FOR
INCORPORATION INTO APPENDIX B OF THE CITY
CODE; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority,under Section 2(b),Article VIII,of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, pursuant to that Water Franchise Interlocal Agreement dated May 10, 1994
("Franchise Agreement"),the City of Cocoa("Cocoa")has an exclusive franchise to operate a water
distribution system within Cape Canaveral and to provide water through its system to Cape
Canaveral and the water consumers located therein; and
WHEREAS, as part of its water franchise, Cocoa is responsible for the installation and
maintenance of fire hydrants located in Cape Canaveral and charges Cape Canaveral for such
installation and maintenance; and
WHEREAS, section 166.201, Florida Statutes, authorizes municipalities to impose user
charges or fees authorized by ordinance which are necessary for the conduct of municipal
government; and
WHEREAS, the City Council recently adopted Ordinance No. 17-2012 authorizing
Cocoa's fire protection service charges related to fire hydrant installation and maintenance to be
billed directly to Cape Canaveral water consumers on each consumer's monthly bill; and
WHEREAS, the City Council desires to establish the monthly fire protection service charge
to be billed to Cape Canaveral water consumers as set forth herein; and
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Resolution No.2016-05
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WHEREAS, such charge is based on Cocoa's current monthly per hydrant fee,the number
of fire hydrants currently located in Cape Canaveral, and the number of Cape Canaveral water
consumers; and
WHEREAS, in order to keep pace with the City of Cocoa's anticipated future annual fee
increases, the City Council desires to automatically increase the fire protection service charge by
three percent(3%) annually, effective October 1st of each fiscal year,unless otherwise determined
by the City Council during the City's annual budget adoption; and
WHEREAS, the City Council of the City of Cape Canaveral deems that this Resolution is
in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference
and are deemed a material part of this Resolution.
Section 2. Adoption of Fire Protection Service Charge. Pursuant to section 38-8 of the
Cape Canaveral City Code,the Cape Canaveral City Council hereby adopts a fire protection service
charge for fire hydrants located within Cape Canaveral, effective April 1, 2016, in the amount of
$2.00 per month, per water consumer, which charge shall be billed directly to Cape Canaveral
water consumers as part of each consumer's monthly utility bill. The amount of the fire protection
service charge for fire hydrants located within Cape Canaveral adopted hereunder shall
automatically increase by three percent (3%) annually on October 1St of each fiscal year, unless
otherwise determined by the City Council during the adoption of the City's annual budget.
Section 3. Incorporation into "Appendix B" to the Code of Ordinances. The fee set
forth in this Resolution shall be incorporated into "Appendix B" to the Cape Canaveral Code of
Ordinances and any section or paragraph number or letter and any heading may change or be
modified as necessary to effectuate the foregoing.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or
portion of this Resolution 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.
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Resolution No.2016-05
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Section 6. Effective Date. This Resolution shall become effective immediately upon adoption
by the City council of the City of Cape Canaveral, Florida.
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RESOLVED .by_die City Council of the City of Cape Canaveral, Florida, in a
regular meeting assembled�gn this 19th day of April, 2016.
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�T � rt erBob Hoog, Mayor
Mia Goforth
City Clerk
Name For Against
John Bond x
Mike Brown X
Bob Hoog x
Brendan McMillin MOTION
Betty Walsh SECOND
Approved as to legal form and sufficiency
for the Ci of Cape Canaveral only by:
nthony A. Garganese, City Attorney
City of Cape Canaveral
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