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HomeMy WebLinkAboutOrdinance No. 06-2009ORDINANCE NO. 06-2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY FLORIDA; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE FOR AN ELECTION TO BE SCHEDULED BY THE CITY COUNCIL; PROVIDING FOR AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION PURSUANT TO SECTION 196.1995, FLORIDA STATUTES; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING FOR 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, section 196.1995, Florida Statutes, authorizes, upon approval by the municipal electorate in a referendum, a municipality to grant ad valorem tax exemptions to new businesses and expanding existing businesses; and WHEREAS, the City Council desires to expand the commercial and industrial tax base of the City of Cape Canaveral by attracting new businesses and expanding existing businesses within the City of Cape Canaveral; and WHEREAS, the City Council desires to continue to promote and enhance the economic climate within the City of Cape Canaveral by making it financially attractive and by creating additional local jobs through ad valorem tax incentives for new businesses to locate in the City and for existing businesses in the City to expand; and WHEREAS, the City Council has determined that it could assist and improve the long term economic climate of the City, and promote the public interest, health, safety, and welfare of the citizens of the City of Cape Canaveral, to propose to the electorate that the City Council be authorized to grant property tax exemptions to new businesses and expansions of existing businesses pursuant to Section 3, Article VII of the State Constitution and section 196.1995, Florida Statutes; and WHEREAS, the City Council recognizes that if the electorate of Cape Canaveral grants the authority requested hereunder, ad valorem tax exemptions can only be approved on a case-by-case basis under the criteria specifically established under Florida law; 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. City of Cape Canaveral Ordinance 06-2009 Page 1 of 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY ORDAINS, AS FOLLOWS: 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. Referendum Election. A referendum election is hereby called and shall be scheduled to be held by the City Council of the City of Cape Canaveral to determine whether the ballot question appearing in Section 3. herein shall be approved by a majority of the votes cast in such election in which qualified electors residing in the City shall participate. Such referendum election shall be held and conducted in the manner prescribed by law for all elections. The date of the election shall be November 3, 2009, unless the City Council directs that the election occur sooner. The places for voting in such referendum election shall be established for the election when the election is scheduled by the City Council. All duly qualified electors of the City of Cape Canaveral shall be entitled to participate in said election. The date and method of voting of the election shall be coordinated by the City Clerk with the Supervisor of Elections of Brevard County. Section 3. Economic Development Ad Valorem Tax Exemption. (a) Purpose of question. It is proposed that the City of Cape Canaveral, Florida, be authorized to grant economic development ad valorem tax exemptions pursuant to section 196.1995, Florida Statutes, which provides that a municipality may call a referendum within its jurisdiction to determine whether the electorate in that jurisdiction will authorize that municipality to grant such exemptions under Section 3, Article VII of the State Constitution. Upon a majority vote in favor of such authority, the City may exempt, at its discretion and by ordinance, from ad valorem taxation up to one hundred percent (100°/x) of the assessed value of all improvements to real property made by or for the use of a 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, provided that the improvements to real property are made or the tangible personal property is added or increased on or after the day the ordinance is adopted. (b) Ballot question. Concurrent with the election, when scheduled, the following question shall be placed on the ballot. The caption and questions shall be worded substantially as follows: ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION Shall the City Council of the City of Cape Canaveral be authorized to grant, pursuant to s. 3, Art VII of the State Constitution, property tax exemptions to new businesses and expansions of existing businesses? YES For authority to grant exemptions. NO Against authority to grant exemptions. City of Cape Canaveral Ordinance 06-2009 Page 2 of 3 Section 4. Coordination with Supervisor of Elections. To the extent necessary, the City Clerk is hereby authorized and directed to instruct and coordinate with the Supervisor of Elections of Brevard County to include the above-described referendum question on the ballot concurrent with the election. Section 5. 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 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida; however, the ballot proposal in Section 3. shall only become effective if a majority of the registered electors of the City of Cape Canaveral, Florida who vote in the election to be held as scheduled by the City Council approve the ballot question set forth in Section 3. of this Ordinance. ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on the cZNc4 day of :Y�rj-e_. 52009. Rocky Randels, Mayor ATTEST: Susan St' s, City Clerk Approved as to legal fortn and sufficiency for the Ci ape Canaveral only: A THON . GARGANESE, City Attorney First Reading: d5_ 19 zyoT Second Reading: q,_ nxV/D4 UIP-WDate: ems- 2.3- 2aaq For Against Bob Hoog second Buzz Petsos motion Rocky Randels X C. Shannon Roberts X Betty Walsh X City of Cape Canaveral Ordinance 06-2009 Page 3 of 3 SEP -09-2010 15:38 Frorn:SUPERVISOR ELECTIONS 3212646741 To:3218681248 P.2/11 Official CERTIFICATE OF COUNTY CANVASSING BOARD STATE OF FLORIDA COUNTY OF BREVARD We, the undersigned, Rhonda Babb, County Court Judge, Lori Scott, Supervisor of Elections, and Trudie Infantini, Member of the Board of County Commissioners, constituting the Board of County Canvassers in and for said County, do hereby certify that we met on the 3rd day of November, A.D., 2009, and proceeded publicly to canvass the votes given for the CITY OF CAPE CANAVERAL GENERAL ELECTION held on the 3rd day of November, A.D., 2009 as shown by the returns on file in the office of the Supervisor of Elections. We do hereby certify from said returns as follows; For Economic Develooment Ad Valorem Tax Exemption the whole number of votes cast was 688 of which number _YES (For authority to grant exemptions) received 388 votes NO (Against authority to grant exemptions) received 300 votes (SEAL) MEMB9R-,-8O4R-j COUNTY COMMISSIONERS i-.