HomeMy WebLinkAboutResolution 2009-44RESOLUTION NO, 2009-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA; PROVIDING A GENERAL
PROCEDURE FOR GRANTING ECONOMIC
DEVELOPMENT AD VALOREM TAX EXEMPTIONS IN
FURTHERANCE OF THE AUTHORITY GRANTED TO THE
CITY COUNCIL BY THE CITIZENS OF CAPE CANAVERAL
THROUGH THE SUCCESSFUL PASSAGE OF A DULY HELD
REFERENDUM ON NOVEMBER 3,2009; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS; AND PROVIDING AN
EFFECTIVE DATE,
WHEREAS, Pursuant to Section 3, Article VII of the Florida Constitution, a duly
authorized referendum ballot was held on November 3, 2009 whereby the citizens of Cape
Canaveral, by majority vote, authorized the City Council of the City of Cape Canaveral to consider
granting economic development ad valorem tax exemptions to new businesses and expansions of
existing businesses; and
WHEREAS, the City Council desires to utilize the authority to offer and grant such
property tax exemptions for purposes of supporting economic growth within the City by providing
an incentive for employment opportunities that will lead to the improvement of the quality of life
of the residents of Cape Canaveral and the positive expansion of the local economy; and
WHEREAS, in furtherance of this purpose, the City Council desires to offer economic
development ad valorem tax exemptions to new businesses relocating to the City of Cape
Canaveral and to expansions of businesses already situated in the City of Cape Canaveral; and
WHEREAS, the City Council finds it is in the best interests of the public health, safety,
and welfare to offer and grant economic development ad valorem tax exemptions in accordance
with the requirements and procedures contained in this resolution.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Short title. This resolution shall be known as the "Economic Development Ad
Valorem Tax Exemption Resolution of the City of Gape Canaveral, Florida."
Section 2. Authority. The City Council is authorized and empowered to enact this resolution
pursuant to Article VII, Section 3, of the Constitution of the State of Florida and Section 196.1995,
Florida Statutes. In a referendum duly held on November 3, 2009, the electorate of the City of
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Cape Canaveral authorized the City Council to grant economic development ad valorem tax
exemptions.
Section 3. Intent and purpose. It is the intent and purpose of the City Council of the City of
Cape Canaveral ( "Council ") in enacting this resolution to facilitate and foster the following:
(A) The provision of an incentive to those new or expanded businesses which make a
positive contribution to the economy of the City of Cape Canaveral in terms of new jobs
and improvements to real and personal property;
(B) Promotion of economy by creating jobs in the City of Cape Canaveral in such a
manner so as to not disadvantage existing businesses while recognizing that productive
competition assists economic growth;
(C) Enhancement of the quality of life for the residents of the City of Cape Canaveral
by attracting new businesses or fostering expansion of existing businesses;
(D) The provision of incentives to certain eligible businesses (as defined by the Florida
Statutes) of diverse industries having a positive impact on the economy of the City of Cape
Canaveral.
(E) Promotion of the public purpose of enhancing economic growth in the City of Cape
Canaveral so as to benefit the City's corporate and residential citizens;
(F) The provision of a rational, nonarbitrary, nondiscriminatory basis by which the
Council may grant or deny economic development ad valorem tax exemptions, pursuant
to the economic development goals of the City of Cape Canaveral; and
(G) The granting of economic development ad valorem tax exemptions in accordance
with the factors and requirements of this resolution and any other factors which could
result in economic growth within the City of Cape Canaveral.
Section 4. Discretion of Council. The Council shall have the sole and absolute authority and
discretion, as provided by law, to grant or deny economic development ad valorem tax exemptions
under this Resolution.
Section 5. Eligible businesses. only the following businesses, as defined by Section 196.012,
Florida Statutes, or any amendments thereto, are eligible for an economic development ad valorem
tax exemption under this Resolution:
(A) New businesses, which shall mean:
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(1) A business establishing 10 or more jobs to employ 10 or more full -time
employees in the City of Cape Canaveral, which manufactures, processes,
compounds, fabricates, or produces for sale items of tangible personal property at
a fixed location and which comprises an industrial or manufacturing plant;
(2) A business establishing 25 or more jobs to employ 25 or more full -time
employees in the City of Cape Canaveral, the sales factor of which, as defined by
section 220.15(5), Florida Statutes, for the facility with respect to which it requests
an economic development ad valorem tax exemption is less than 0.50 for each year
the exemption is claimed; or
(3) An office space in the City of Cape Canaveral owned and used by a
corporation newly domiciled in the City of Cape Canaveral; provided such office
space houses 50 or more full -time employees of such corporation;
PROVIDED that such business or office first begins operation on a site clearly
separate from any other commercial or industrial operation owned by the same
business.
(4) Any business located in an enterprise zone or Brownfield area that first
begins operation on a site clearly separate from any other commercial or industrial
operation owned by the same business.
(5) A business that is situated on property annexed into the City of Cape
Canaveral and that, at the time of the annexation, is is an economic
development ad valorem tax exemption from Brevard County under section
196.1995, Florida Statutes.
(B) Expansion of an existing business, which shall mean:
(1) A business establishing 10 or more jobs to employ 10 or more full -time
employees in the City of Cape Canaveral, which manufactures, processes,
compounds, fabricates, or produces for sale items of tangible personal property at
a fixed location and which comprises an industrial or manufacturing plant; or
(2) A business establishing 25 or more jobs to employ 25 or more full -time
employees in the City of Cape Canaveral, the sales factor of which, as defined by
section 220.15(5), Florida Statutes, for the facility with respect to which it requests
an economic development ad valorem tax exemption is less than 0.50 for each year
the exemption is claimed;
PROVIDED that such business increases operations on a site collocated with a
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commercial or industrial operation owned by the same business, resulting in a net
increase in employment of not less than 10 percent or an increase in productive
output of not less than 10 percent.
(3) Any business located in an enterprise zone or Brownfield area that increases
operations on a site collocated with a commercial or industrial operation owned by
the same business.
Section 5 Definitions. The following words or phrases shall have the meanings ascribed to
them, unless the context clearly indicates otherwise:
(A) Applicant shall mean any person, firm, partnership, corporation, or other business
entity or organization who files an application with the Council seeking an economic
development ad valorem tax exemption.
(B) Council shall mean the City Council of the City of Cape Canaveral, Florida.
(C) Enterprise zone shall mean an area designated as an enterprise zone pursuant to
section 290.0065, Florida Statutes.
(D) Improvements shall mean physical changes made to raw land, and structures placed
on or under the land surface.
(E) Sales factor shall generally mean a fraction of which the numerator is the total sales
of the taxpayer in the City of Cape Canaveral during the taxable year or period and the
denominator is the total sales of the taxpayer everywhere during the taxable year or period,
pursuant to section 220.15(5), Florida Statutes.
Section 7. Exemption established.
(A) Established. There is hereby established an economic development ad valorem tax
exemption. The exemption is a local, optional tax incentive for new and expanding
businesses which may be granted or denied at the sole discretion of the Council.
(B) Effective date. The exemptions shall not accrue to improvements to real property
made by or for the use of new or expanding businesses when such improvements have
been on the tax rolls prior to the effective date of this resolution or when such
improvements have been made or have commenced being made prior to the effective date
of this resolution.
(C) Maximum exemption. The Council, at its discretion, may exempt from ad valorem
taxation up to one hundred percent (100 %) of the assessed value of all improvements to
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real property made by or for the use of a new business of all tangible personal property of
such new business, or up to one hundred percent (100 %) of the assessed value of all added
improvements to real property made to facilitate the expansion of an existing business and
of the net increase in all tangible personal property acquired to facilitate such expansion
of an existing business.
(D) Replacement ofproperty. Property acquired to replace existing property shall not
be considered to facilitate a business expansion and therefore, such replacement property
shall not be exempt from ad valorem taxation.
(E) Time period. Any such exemption granted under this resolution shall remain in
effect for up to ten (10) years from the date of adoption of the ordinance granting the
exemption. The time period of the exemption shall be determined at the sole discretion of
the Council, and nothing herein shall be construed as requiring the Council to grant an
exemption for the ten (10) year maximum time period.
(F) Land not exempt. No ad valorem tax exemption shall be granted for the land upon
which new or expanded businesses are to be located. The sole intent of this resolution
being to exempt from ad valorem taxation only certain improvements to real property and
tangible personal property of new or expanded businesses.
(G) Applicable taxes. The exemption shall apply only to taxes levied by the City of
Cape Canaveral. The exemption shall not apply to taxes levied by the United States,
Brevard County, school district, water management district or any other taxing district, or
to taxes levied for the payment of bonds.
(I-) Granted by ordinance. Any exemption granted under this resolution shall be by a
duly adopted ordinance of the Council.
Section 8. AIDWication. Any applicant desiring an economic development ad valorem tax
exemption shall, in the year the exemption is desired to take effect, file with the City Council, or
its designee, Form DR -418 prescribed by the Florida Department of Revenue, or any amendment
or replacements thereto ( "Application "). The Application shall request that the Council adopt an
ordinance granting the applicant an exemption pursuant to this resolution and shall include the
following information:
(A) The name and location of the new business or the expansion of an existing
business;
(B) A description of the improvements to real property for which an exemption is
requested and the date of commencement of construction of such improvements;
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(C) A description of the tangible personal property for which an exemption is requested
and the dates when such properly was or is to be purchased;
(D) Proof, to the satisfaction of the Council, that the applicant is a new business or an
expansion of an existing business, as defined in Section 5 of this resolution.
(E) The following information:
(1) The anticipated number of employees of the business;
(2) The expected numbers of employees of the business who will reside in the
City of Cape Canaveral;
(3) The average wage of the employees of the business;
(4) The type of industry or business;
(5) The environmental impact of the business;
(6) The anticipated volume of business or production;
(7) Whether relocation or expansion of the business would occur without the
exemption;
(8) Whether the business is /or will be located within an enterprise zone or
redevelopment area;
(9) The cost and demand for services or product produced by the business;
(10) The source of supplies of the business and whether other businesses in the
City will be used to meet the supply demands of the business.
Section I Application Process. Upon receipt of an application for economic development
ad valorem tax exemption, the application shall be reviewed in the following manner:
(A) Pre - screening. The Planning &Development Director shall review the application
within ten (10) days of submission to determine whether the application has satisfied all
the requirements of Section 8 herein.
(B) Preliminary analysis. The Planning &Development Director shall prepare, in
writing, a recommendation of the applicant's eligibility for an exemption and prepare an
economic impact analysis of the application. The analysis shall include a brief study on
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the number of jobs created, wage rates, and capital investment. The recommendation and
analysis shall be forwarded to the City Manager immediately upon completion.
(C) City Manager Review. The City Manager shall review the application and the
Planning &Development Director's recommendation and analysis to determine whether
the applicant is eligible for an exemption and shall recommend to the Council approval or
denial of the application (with or without conditions), and the degree and length of the
exemption if approval is recommended.
(D) Preliminary Review by Council. Within thirty (30) days of the City Manager's
recommendation, the Council shall conduct a preliminary review of the application for the
sole purpose of determining whether the application should be forwarded to the Property
Appraiser for review. If Council determines that the application should be sent to the
Property Appraiser, the Planning &Development Director shall retain a copy of the
application for the City and forward the original application to the Property Appraiser.
(E) Property Appraiser Review. Upon receipt and careful review of the original
application, the Property Appraiser shall report the following information to the Council:
(1) The total revenue available to the City for the current fiscal year from ad
valorem tax sources, or an estimate of such revenue if the actual total revenue
available cannot be determined;
(2) Any revenue lost to the City for the current fiscal year by virtue of
exemptions previously granted, or an estimate of such revenue if the actual revenue
lost cannot be determined;
(3) An estimate of the revenue which would be lost to the City during the
current fiscal year if the exemption applied for were granted had the property for
which the exemption is requested otherwise been subject to taxation; and
(4) A determination as to whether the property for which an exemption is
requested is to be incorporated into a new business or the expansion of an existing
business, or into neither, which determination the Property Appraiser shall also
affix to the face of the application.
(F) Final Review I Adoption by Council. Upon receipt of the Property Appraiser's
report, the Planning & Development Director shall schedule the application for City
Council action at the Council's next available regular meeting. At that meeting the Council
shall consider the application, recommendation of the City Manager and analysis of the
Planning & Development Director, and the Property Appraiser's report to determine
whether or not to adopt an ordinance granting the economic development ad valorem tax
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exemption to the applicant. The ordinance, if adopted, shall be adopted in the same
manner as any other ordinance of the City and shall include, at a minimum, the following:
(1) The name and address of the new business or expansion of an existing
business to which the exemption is granted;
(2) The total amount of revenue available to the City from ad valorem tax
sources for the current fiscal year, the total amount of revenue lost to the City for
the current fiscal year by virtue of economic development ad valorem tax
exemptions currently in effect, and the estimated revenue loss to the City for the
current fiscal year attributable to the exemption of the business named in the
ordinance;
(3) The period of time for which the exemption will remain in effect and the
expiration date of the exemption;
(4) A finding that the business meets the definition of a new business or an
expansion of an existing business as set forth in Section 5 of this resolution; and
(5) A statement that the exemption is subject to the terms and conditions of this
resolution and/or other terms and conditions required by Council.
Section 10. Precedent non - binding. Applications for exemptions shall be considered by the
Council on a case -by -case basis, after consideration by Council of the recommendations of the
City Manager and Planning & Development Director, and the Property Appraiser's report. No
precedent shall be implied or inferred by the granting or denial of an exemption pursuant this
resolution.
Section 11. All Exemption Granted are Conditional. All exemptions granted pursuant to this
resolution shall be conditioned upon the applicant maintaining the new business or the expansion
of an existing business, as defined in Section S of this resolution, for the duration of time in which
the exemption was granted. In addition, the application is conditioned upon the Applicant
submitting an annual report to the Council evidencing the satisfaction of this condition. The report
shall be received by the Council no later than January 31 of each year. The applicant shall also
submit any other information or reports as the Council deems reasonably necessary for purposes
of determining whether the applicant is complying with the terms, conditions, and intent and
purpose of this resolution, the terms and conditions of the ordinance granting the exemption, and
any representations made in the application process.
Section 12. Revocation of Exemption/Recovery of Funds. The Council reserves the right to
revoke by ordinance any economic development ad valorem tax exemption granted pursuant to
this resolution if an applicant fails to comply with any term or condition set forth in this resolution
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or the ordinance granting the exemption. If an exemption is revoked, the Council may recover any
ad valorem taxes previously exempted by this resolution. In addition, the City shall have the right
to recover any and all costs and damages (including reasonable attorney fees) incurred in
recovering ad valorem taxes from the applicant.
Section 13. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of resolutions
in conflict herewith are hereby repealed to the extent of the conflict.
Section 14. 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.
Section 15. Effective Date. This resolution shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular
meeting assembled 'otr the. 1 8th day of November, 2009.
v
ROCKY RA ELS, Mayor
ATTEST:
r�
AN LA APPEASbN, City Clerk
Bob Hoag
Buzz Petsos
Rocky Randels
C. Shannon Roberts
Betty Walsh
For Against
X
Motion
Se cond
X
Approved as to legal form and sufficiency for
the Ci C pe Canaveral only:
ANTHO A. GARGANESE, City Attorney
City of Cape Canaveral
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