HomeMy WebLinkAboutcocc_ordinance_no_12-2019_201907161 ORDINANCE NO. 12-2019
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3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
4 CAPE CANAVERAL, BREVARD COUNTY FLORIDA; PROVIDING
5 FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE
6 FOR AN ELECTION TO BE SCHEDULED BY THE CITY
7 COUNCIL; PROVIDING FOR AN ECONOMIC DEVELOPMENT
8 AD . VALOREM TAX EXEMPTION PURSUANT TO SECTION
9 196.1995, FLORIDA STATUTES; PROVIDING FOR
10 COORDINATION WITH THE SUPERVISOR OF ELECTIONS;
11 PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE
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13 WHEREAS, the City is granted the authority under Section 2(b), Article VIII of the
14 State Constitution to exercise any power for municipal purposes except when expressly
15 prohibited by law; and
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17 WHEREAS, section 196.1995, Florida Statutes, authorizes, upon approval by the
18 municipal electorate in a referendum, a municipality to grant Ad Valorem tax exemptions to new
19 businesses and expanding existing businesses; and
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21 WHEREAS, the City Council desires to expand the commercial and industrial tax base
22 of the City of Cape Canaveral by attracting new businesses and expanding existing businesses
23 within the City of Cape Canaveral; and
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25 WHEREAS, the City Council desires to continue to promote and enhance the economic
26 climate within the City of Cape Canaveral by making it financially attractive and by creating
27 additional local jobs through Ad Valorem tax incentives for new businesses to locate in the City
28 and for existing businesses in the City to expand; and
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30 WHEREAS, the City Council has determined that it could assist and improve the long-
31 term economic climate of the City, and promote the public interest, health, safety and welfare of
32 : the citizens of the City of Cape Canaveral, to propose to the electorate that the City Council be
33 authorized to grant property tax exemptions to new businesses and expansions of existing
34 businesses pursuant to Section 3, Article VII of the State Constitution and section 196.1995,
35 Florida Statutes; and
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37 WHEREAS, the City Council recognizes that if the electorate of Cape Canaveral grants
38 the authority requested hereunder, Ad Valorem tax exemptions can only be approved on a case-
39 by -case basis under the criteria specifically established under Florida law; and
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41 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
42 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
43 Cape Canaveral.
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45 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
46 CANAVERAL HEREBY ORDAINS, AS FOLLOWS:
City of Cape Canaveral
Ordinance No. 12-2019
Page 1 of 3
1 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
2 reference as legislative findings and the intent and purpose of the City Council of the City of
3 Cape Canaveral.
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5 Section 2. Referendum Election. A referendum election is hereby called and shall be
6 scheduled to be held by the City Council of the City of Cape Canaveral to determine whether the
7 ballot question appearing in Section 3 herein shall be approved by a majority of the votes cast in
8 such election in which qualified electors residing in the City shall participate. Such referendum
9, election shall be held and conducted in the manner prescribed by law for all elections. The date
10 of the election shall be November 5, 2019, unless the City Council directs that the election occur
11 sooner. The places for voting in such referendum election shall be established for the election
12 when the election is scheduled by the City Council. All duly qualified electors of the City of
13 Cape Canaveral shall be entitled to participate in said election. The date and method of voting of
14 the election shall be coordinated by the City Clerk with the Supervisor of Elections of Brevard
15 County.
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17 Section 3. Economic Development Ad Valorem Tax Exemption.
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19 (a) Purpose of question. It is proposed that the City of Cape Canaveral, Florida, be authorized to
20 grant Economic Development Ad Valorem Tax Exemptions pursuant to section 196.1995,
21 Florida Statutes, which provides that a municipality may call a referendum within its jurisdiction
22 to determine whether the electorate in that jurisdiction will authorize that municipality to grant
23 such exemptions under Section 3, Article VII of the State Constitution. Upon a majority vote in
24 favor of such authority, the City may exempt, at, its discretion and by Ordinance, from Ad
25 Valorem taxation up to one -hundred percent (100%) of the assessed value of all improvements to
26 real property made by or for the use of a new business, or up to one -hundred percent (100%) of
27 the assessed value of all added improvements to real property made to facilitate the expansion of
28 an existing business and of the net increase in all tangible personal property acquired to facilitate
29 such expansion of an existing business, provided that the improvements to real property are
30 made or the tangible personal property is added or increased on or after the day the Ordinance is
31 adopted.
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33 (b) Ballot question. Concurrent with the election, when scheduled, the following question shall
34 be placed on the ballot. The caption and questions shall be worded substantially as follows:
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38 ECONOMIC DEVELOPMENT AD VALOREM
39 TAX EXEMPTION
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41 Shall the City Council of the City of Cape Canaveral be authorized to grant,
42 pursuant to Section 3, Article VII of the State Constitution, property tax
43 exemptions to new businesses and expansions of existing businesses that are
44 expected to create new, full-time jobs in the City?
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46 YES For authority to grant exemptions.
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City of Cape Canaveral
Ordinance No. 12-2019
Page 2 of 3
1 NO Against authority to grant exemptions.
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3 Section 4. Coordination with Supervisor of Elections. To the extent necessary, the City
4 Clerk is hereby authorized and directed to instruct and coordinate with the Supervisor of
5 Elections of Brevard County to include the above -described referendum question on the ballot
6 concurrent with the election.
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8 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
9 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
10 competent jurisdiction, whether for substantive, procedural or any other reason, such portion
11 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
12 the validity of the remaining portions of this Ordinance.
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14 Section 6. Effective Date. This Ordinance shall become effective immediately upon
15 adoption by the City Council of the City of Cape Canaveral, Florida; however, the ballot
16 proposal in Section 3 shall only become effective if a majority of the registered electors of the
17 City of Cape Canaveral, Florida who vote in the election to be held as scheduled by the City
18 Council approve the ballot question set forth in Section 3 of this Ordinance.
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25 Bob Hoog, Mayor
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4 {-n
31 Mia Gdf'Qr
32 City Clerk
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37 Angela Raymond Second
38 First Reading: June 18, 2019
39 Advertisement: June 27, 2019
40 Second Reading: July 16, 2019
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43 Approved as to legal form and sufficiency
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47 Anthony A. Garganese, ''ity Attorney
City of Cape Canaveral
Ordinance No. 12-2019
Page 3 of 3
For
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ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular
meeting assembled on the 16th day of July, 2019.
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ATTEST:
for the City of Cape Canaveral only by:
Mike Brown
Robert Hoog
Wes Morrison
Rocky Randels Motion
Against
x