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HomeMy WebLinkAbout4774 Repealing Supplemental Economic and Tourism ProgramOrdinance No. 2024-4774 An ordinance of the City of Sanford, Florida repealing all provisions of Part II, Chapter 2 — Administration, Article V. - Economic Development, Division 3. Supplemental Economic or Tourism Development Program of the Code of Ordinances of the City of Sanford (City Code) to include Sections 2-373 through 2-385 of the City Code; providing for legislative findings and intent; providing for implementing administrative actions; providing for a savings provision; providing for conflicts; providing for severability; providing for codification and the correction of scrivener's errors and providing for an effective date. Whereas, on October 28, 2019, the City Commission of the City of Sanford enacted Ordinance Number 4526 which enacted the "City of Sanford Supplemental Economic or Tourism Development Incentive Program Ordinance" which is now codified as Sections 2-373 through 2-385 of the City Code within Part II, Chapter 2 — Administration, Article V. - Economic Development, Division 3. Supplemental Economic or Tourism Development Program of the City Code; and `Whereas, the City Commission of the City of Sanford desires to repeal the above - referenced provisions of the City Code as a result of the vibrant economic health of the City and abundant development activity within the City and in order to ensure that the economic development funds and tax revenues of the City are most prudently expended; and Whereas, this Ordinance is enacted pursuant to the home rule powers of the City of Sanford as set forth at Article VIII, Section 2, of the Constitution of the State of Florida; Chapter 166, Florida Statutes, and other applicable controlling law; and is consistent with the provisions of Section 1.4 of the Seminole County Home Rule Charter pertaining to that document's relation to municipal ordinances, which provides that "[e]xcept as otherwise provided by this Charter, municipal ordinances shall prevail over County ordinances to the extent of any conflict."; and 1 1 P a g e Whereas, the City Commission of the City of Sanford has deemed approval of this Ordinance to be in the best interest of the residents and citizens of the City of Sanford and to further the public health, safety and welfare; and Whereas, the City Commission of the City of Sanford has complied with all procedural and substantive requirements of controlling law in enacting this Ordinance. Now Therefore, be it enacted by the People of the City of Sanford: Section 1. Legislative Findings and Intent. The City Commission of the City of Sanford hereby adopts and incorporates into this Ordinance the recitals (whereas clauses) set forth herein as the legislative and administrative findings and intent of the City Commission which, together with the agenda materials, memorandum and staff reports, to the extent that they exist, shall be maintained consistent with the maintenance schedule for ordinances, as public records of the City. Section 2. Repealer; . Supplemental Economic or Tourism Development Program. All provisions of Part II, Chapter 2 — Administration, Article V. - Economic Development, Division 3. Supplemental Economic or Tourism Development Program of the Code of Ordinances of the City of Sanford (City Code) to include Sections 2-373 through 2- 385 of the City Code are hereby repealed. Section 3. Implementing Administrative Actions. The City Manager, or designee, is hereby authorized and directed to implement the provisions of this Ordinance and to take any and all necessary administrative actions to bring into effect the provisions of this Ordinance. Section 4. Savings. 2 1 P a g e The prior actions of the City of Sanford relating to the approval of applications prior to the effective date of this Ordinance, and any and all related matters, procedures or processes, are hereby ratified and affirmed. Section 5. Severability. If any section or portion of a section of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or effect of any other section or part of this Ordinance. Section 6. Conflicts. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. Section 7. Codification; Scrivener's Errors. (a). The provisions of Section 2 of this Ordinance shall be codified as determined to be appropriate by the Code codifier and all other sections .shall not be codified said codification to be in either the City Code or Land Development Regulations of the City in the discretion of the Code codifier. (b). The sections of this Ordinance may be renumbered or re -lettered and the words of this Ordinance may be changed to section, article or some other appropriate word or phrase to accomplish codification in the absolute discretion of the Code codifier. (c). Typographical errors and other matters of a similar nature that do not affect the intent of this Ordinance, as determined by the City Clerk and City Attorney, may be corrected with the authorization of the City Manager, or designee, without the need for a public hearing. Section 8. Effective Date. 31= This ordinance shall become effective and be enacted immediately upon its passage and adoption. r_�r[IWJ Passed and adopted this 22"d day of April, 2024. , MMC, FCRM �it,L�er�"' For Land reliance of the Sanford City Commission only. Approved as to form and legality. lliam L. Colbert, City rr City Commission Florida =•;i as ti%'s�'� th6 City of Sanford, 4�. ❑✓ appQOo� WS _ RM X CITY OF Item No. eT r SkNFORD FLORIDA CITY COMMISSION MEMORANDUM 24-109 APRIL 22, 2024 AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: Cynthia Lindsay, Finance Director SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager SUBJECT: Repeal Economic of City Code Provisions; Supplemental Economic or Tourism Development Program; Ordinance No. 2024-4774 STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Adoption of Ordinance No. 2024-4774, to repeal all provisions of Part II, Chapter 2 — Administration, Article V. — Economic Development, Division 3. Supplemental Economic or Tourism Development Program of the Code of Ordinances of the City of Sanford (City Code), to include Sections 2-373 through 2-385, is requested. FISCAL/STAFFING STATEMENT: There is no current fiscal impact of repealing the subject provisions of the City Code, but the action will ensure that revenues are expended in specifically targeted beneficial ways in programs necessary in the current economic environment. The statutorily required business impact statement is attached. BACKGROUND: On October 28, 2019, the City Commission enacted Ordinance No. 2019-4526 which created the "City of Sanford Supplemental Economic or Tourism Development Incentive Program". The Program allows a rebate up to 100% of the assessed value of all improvements made by or for the use of a development and of all tangible personal property of such development or up to 100% of the assessed value of all added improvements made to facilitate the qualifying expansion of an existing business and of the net increase in all tangible personal property acquired to facilitate such expansion of an existing business if the improvements are made or the tangible personal property is added or increased. LEGAL REYIEW: The Assistant City Attorney prepared Ordinance No. 2024-4774, repealing the provisions of the City Code providing for the Economic or Tourism Development Program. The City Commission approved the first reading of Ordinance No. 4774, on April 8, 2024. The City Clerk published notice of the 2" d Public Hearing in the Sanford Herald on April 14, 2024. RECOMMENDATION: City staff recommends that the City Commission adopt Ordinance No. 2024-4774, repealing the provisions of the City Code relating to the Economic or Tourism Development Incentive Program. SUGGESTED MOTION: "I move to adopt Ordinance No. 2024-4774." Attachments: (1). Ordinance No. 2024-4774 (2). Business Impact Statement. FORp NCO • fST.18� • • Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered, and must be posted on the City's website by the time notice of the proposed ordinance is published. Proposed ordinance's title/reference: Ordinance No. 2024-4774 An ordinance of the City of Sanford, Florida repealing all provisions of Part II, Chapter 2 — Administration, Article V. - Economic Development, Division 3. Supplemental Economic Or Tourism Development Program of the Code of Ordinances of the City of Sanford (City Code) to include Sections 2-373 through 2- 385 of the City Code; providing for legislative findings and intent; providing for implementing administrative actions; providing for a savings provision; providing for conflicts; providing for severability; providing for codification and the correction of scrivener's errors and providing for an effective date. The City is of the view that the following exception(s) to the Business Impact Estimate requirement apply that are checked off in a box below apply to the above -referenced proposed ordinance, although the City is implementing the procedure required by statutory law to ensure that no inadvertent procedural issue could impact the enactment of the proposed ordinance. ❑ The proposed ordinance is required for compliance with Federal or State law or regulation; ❑ The proposed ordinance relates to the issuance or refinancing of debt; ❑ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant, or other financial assistance accepted by the ❑ The proposed ordinance is an emergency ordinance; ❑ The ordinance relates to procurement; or ❑ The proposed ordinance is enacted to implement the following: 1 � , a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that, an exemption noted above may apply, the City hereby publishes the following information: 1. Summary of the proposed ordinance (must include statement of the public purpose, such as serving the public health, safety, morals, and welfare): The proposed ordinance repeals all provisions of Part II, Chapter 2 — Administration, Article V. — Economic Development, Division 3. Supplemental Economic Or Tourism Development Program of the Code of Ordinances of the City of Sanford (City Code), to include Sections 2-373 through 2-385. The action will ensure that revenues are expended in specifically targeted beneficial ways in programs necessary in the current economic environment. 2. Estimate of direct economic impact of the proposed ordinance on private, for -profit businesses in the City: There is no current fiscal impact of repealing the subject provisions of the City Code and the action will ensure that revenues are expended in specifically targeted beneficial ways in programs necessary in the current -economic environment given professional analytical consideration to the current development trends within the City. 3. Estimate of direct compliance costs that businesses may reasonably incur: None. 4. Any new charge or fee imposed by the proposed ordinance: None. 5. Estimate of the City's regulatory costs, including estimated revenues from any new charges or fees to cover such costs: None. The proposal will save City revenues for essential and desirable City programs and activities. 6. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: Indeterminate. The City Commission has broad discretion under the provisions of the City Code provisions proposed to be repealed to grant economic incentives. There are numerous other community redevelopment, economic development and tourism development programs offered by the City, as well as other City actions that are directed at increasing the economic well being of the City that creates a very favorable economic climate within the City and which are pertinent and flexible in the context of the current economic environment and development trends of and within the City. 2 1 P a g e 7. Additional information (if any, but may wish to include the methodology used to derive information for #1 and #2, above. For example: City staff solicited comments from businesses in the City as to the potential impact of the proposed ordinance by contacting the chamber of commerce, social media posting, direct mail or direct email, posting on City website, public workshop, etc. You may also wish to include efforts made to reduce the potential fiscal impact on businesses based on feedback from businesses. You may also wish to state here that the proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated (individuals as well as businesses) and, therefore, the proposed ordinance does not impose costs only upon businesses.): None.