Loading...
HomeMy WebLinkAboutOrdinance No. 03-2012 no action taken No action taken - Council never considered. ORDINANCE NO. 03-2012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; GRANTING AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION TO STARK ARMOR, INC.; PROVIDING AN EXPIRATION DATE FOR THE EXEMPTION;FINDING THAT THE BUSINESS MEETS THE REQUIREMENTS OF SECTION 196.012(15), FLORIDA STATUTES; PROVIDING FOR PROOF OF ELIGIBILITY FOR EXEMPTION;PROVIDING A REQUIREMENT FOR AN ANNUAL REPORT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND 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, economic development and the creation of jobs are priorities of the City Council of the City of Cape Canaveral; and WHEREAS, the citizens of Cape Canaveral voted to provide economic incentives to new and expanding businesses in the November 3, 2009 general election; and WHEREAS, Stark Armor,Inc., 100 Spaceport Way#104,Cape Canaveral,Florida,which is in the business of manufacturing bullet-proof body armor, has requested that the City of Cape Canaveral exempt ad valorem taxes for its renovation project and for certain tangible personal property; and WHEREAS,the Property Appraiser has provided the City of Cape Canaveral with its report as required by section 196.1995(9), Florida Statutes; and WHEREAS,it has been determined that Stark Armor,Inc.meets the requirements of section 196.012, Florida Statutes, as a new business located in Cape Canaveral; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW,THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,AS FOLLOWS: City of Cape Canaveral Ordinance No.03-2012 Page 1 of 3 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Economic Development Ad Valorem Tax Exemption. (a) An economic development ad valorem tax exemption is hereby granted to Stark Armor, Inc. located in Cape Canaveral, Florida, for renovation and for the purchase of tangible personal property purchased as equipment. (b) The total amount of revenue available to the City of Cape Canaveral from ad valorem tax sources for the current fiscal year is $3,351,528.70. The City of Cape Canaveral does not lose any money for the current fiscal year by virtue of economic development ad valorem tax exemptions currently in effect from previous years. (c) The estimated taxable value lost to the City of Cape Canaveral for the current fiscal year attributable to the exemption granted to Stark Armor,Inc. is$425,000.00 for improvements to real property and $1,369,000.00 for personal property. The estimate of the revenue which will be lost to the City of Cape Canaveral 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 is $7,176.00. (d) The tax exemption hereby granted shall be for a term of ten(10)years, commencing with the first year the new improvements and personal property are added to the assessment roll,and lasting nine(9)years thereafter, for One Hundred Percent(100%) of the City ad valorem taxes. { (e) In accordance with the findings of the Cape Canaveral City Council and the Brevard County Property Appraiser,the property hereby exempted from ad valorem tax exemption meets the definition of a new business, as defined by section 196.012(15), Florida Statutes. (f) The economic development ad valorem tax exemption is subject to the terms and conditions of Resolution 2009-44 and/or other terms and conditions required by the City Council. Section 3. Evidence of Continued Eligibility. (a) Stark Armor, Inc. shall submit to the City of Cape Canaveral an annual report providing evidence of continued compliance with the definition of a "new business" or an "expansion of an existing business" for each of the ten (10) years during which Stark Armor, Inc. is eligible to receive ad valorem tax exemption. The annual report shall be received by the City Council no later than January 31 of each year. (b) If the annual report is not received,or if the annual report indicates that Stark Armor, Inc. no longer meets the criteria of section 196.012,Florida Statutes, the City Council shall revoke by ordinance this economic development ad valorem tax exemption,reimpose the ad valorem taxes City of Cape Canaveral Ordinance No.03-2012 Page 2of 3 { exempted,and Stark Armor shall be required to make payment of the taxes exempted in addition to interest accrued at the maximum rate allowed by law. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council,or parts of prior ordinances and resolutions p Y Y p P � in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Not Incorporated Into Code. This ordinance shall not be incorporated into the Cape Canaveral City Code. Section 6. Severability. If any section,subsection,sentence,clause,phrase,word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,whether for substantive,procedural,or any other reason,such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral,Florida and upon the complete execution of an Economic Incentive Agreement between the City of Cape Canaveral and Stark Armor, Inc. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2012. Rocky Randels, Mayor fi ATTEST: For Against John Bond ANGELA APPERSON, City Clerk Bob Hoog Buzz Petsos Rocky Randels Betty Walsh First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No 03-2012 Page 3 of 3