0590 Pulbic Service FeesORDINANCE NO. 590
AN ORDINANCE PROVIDING FOR A PUBLIC SERVICE FEE IN THE INCORPOR-
ATED LIMITS OF THE CITY; PROVIDING FOR DEFINITIONS; PROVIDING
FOR PURPOSE AND INTENT; PROVIDING FOR CALCULATIONS OF THE FEE;
PROVIDING FOR PUBLIC SERVICE FEE LEVIED; PROVIDING FOR PROCE-
DURE; PROVIDING FOR LIEN FOR UNPAID PUBLIC SERVICE FEE; PRO-
VIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the owners who receive their certificate of occupancy for their new struc-
tures are entitled to receive all city services immediately; and
WHEREAS, the city must provide all city services to new structures immediately upon
receiving their certificate of occupancy; and
WHEREAS, the city has not funded the additional cost of providing all city services
to new structures with the current budget.
NOW, THEREFORE, BE IT ORDAINED by the people of the City of Okeechobee, Florida:
SECTION 1. DEFINITIONS:
a. Public Service Fee: Annual user charge applicable to all structures
certified for occupancy by the Okeechobee County
Building and Zoning Department but not appearing
on the Okeechobee County tax rolls as an improve-
ment to real property.
b. Structures: Any building constructed upon real property locat-
ed within the municipal limits of the City of
Okeechobee, which is not exempt from municipal ad
valorem taxation under state law.
C. Owner: That person or legal entity reflected on the
public records of Okeechobee County as the owner
of real property upon which a structure has been
completed.
SECTION 2. PURPOSE AND INTENT:
Certificate of occupancy is the first step in placing an improvement to
real property on the tax rolls. Once the certificate of occupancy is
issued, and until such time that the improvement is on the tax rolls so
that revenue can be obtained to fund the cost of city services, the city
must begin to formally provide city services to the structure. Even be-
fore the structure is certified, the city has made available or provided
city services.
The welfare of the entire city is affected by any improvement to real
property. It is in the interest of all taxpayers and citizens that the
additional cost of city services be shared by an appropriate standard.
The purpose and intent of this ordinance is to provide the additional
revenue to expand the city service delivery system to all new certified
structures so that the quality of life for all citizens is not adverse-
ly affected.
The public service fee will:
1. Fund the additional cost related to expanding the delivery system
to provide all city services pursuant to the Charter authority
granted by Article V., Section 25.
2. Be related to the cost of expanding the delivery system to
meet the increased demands of any improvements; and be no more
than what the city would incur in providing the new users with
delivery system services.
3. Provide the necessary funds to expand the delivery system due
to the additional growth and development in a particular sub-
area which is not attributable to the public at large.
4. Be deposited in the General Fund and be expended to expand
the delivery system.
SECTION 3. CALCULATION OF FEES:
The public service fee shall be computed annually by the city's finance
department according the the following criteria:
a. Unreimbursed expense determination, per dwelling unit basis.
Upon the receipt of the certified audit for each fiscal year,
the finance department shall total all general fund expenses
and reduce that figure by:
1. All service revenues; and
2. All utility taxes and franchise fees; and
3. The total of all ad valorem taxes paid and received
on vacant land.
The resulting balance shall then be divided by the average number of
dwelling units for the preceding fiscal year so as to arrive at an
average annual expense on a per dwelling unit basis.
b. Dwelling unit computation by finance department: residential, con-
structive commercial and/or industrial. For the purpose of this
subsection, dwelling unit computation shall be completed as follows:
1. Each single family unit, including condominium or apart-
ment unit, shall count as one.
2. To arrive at a constructive number of dwelling units for
commercial and/or industrial structures, the finance de-
partment shall divide the total building square footage,
for each such industrial and/or commercial structure by
2500 square feet.
C. Fee determination; proration. The average expense per dwelling unit
shall then be utilized by the finance department in computing the
public service fee applicable to each structure certified for occu-
pancy subsequent to January 1 of each calendar year. Said fee shall
be prorated on a per diem basis.
d. Minimum fee. Notwithstanding the fee calculation provided in sub-
section (3)(c) supra, the minimum public service fee charged shall
be ten ($10.00) dollars.
SECTION 4. PUBLIC SERVICE FEE LEVIED:
As of the date a certificate of occupancy is issued by the building de-
partment, every new structure located within the city shall be subject to a
public service fee. This public service fee shall be in effect until
that date when the new structure in question appears on the assessment rolls
of the tax assessor's office of Okeechobee County, Florida.
SECTION 5. PROCEDURE:
The zoning administrator shall be charged with the collection of the
public service fee which shall be collected as a condition precedent
to the issuance of a certificate of occupancy by the building depart-
ment. Upon request for a certificate of occupancy the zoning adminis-
trator shall request and receive a statement of the public service fees
• due and payable for the structure in question from the offices of the
city finance department.
-2-
Said fee shall be presented to the owner of the property and collect-
ed prior to the issuance of a certificate of occupancy. Subsequent
to collection, and in any event on a daily basis, the zoning adminis-
trator shall remit monies collected pursuant to this section to the
offices of the city finance department.
10 SECTION 6. LIEN FOR UNPAID PUBLIC SERVICE FEES:
A lien for all public service fees shall attach to any property as of
the date of the issuance of the certificate of occupancy by the build-
ing department and shall continue in full force and effect until dis-
charged by payment as provided in Section 4, above.
SECTION 7. SEVERABILITY:
It is declared to be the city councils' intent that if any section, sub-
section, sentence, clause or provision of this ordinance is held inval-
id, the remainder of this ordinance shall not be affected, it being de-
clared that any such invalid portion did not induce the passage or adop-
tion of this ordinance.
SECTION 8. EFFECTIVE DATE:
This ordinance shall become effective immediately upon adoption.
Introduced on first reading and set for public hearing this 17th day of February ,
1987.
L~
aATTEST:
City Clerk
Introduced and passed on second and final reading this 3rd day of March
1987.
("~Mayor
ATTEST:
r
k
City Clerk
APPROVED AS TO FORM:
City Attorney
-3-