3273 ORDINANCE NO. 3273
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
TO PROVIDE AN ECONOMIC DEVELOPMENT INCENTIVE
PROGRAM; PROVIDING FOR APPLICATION PROCEDURES;
AUTHORIZING THE CITY COMMISSION TO APPROVE
COMMERCIAL/INDUSTRIAL DEVELOPMENT FOR
PARTICIPATION IN THE ECONOMIC DEVELOPMENT
INCENTIVE PROGRAM; DEFINING QUALIFIED
COMMERCIAL/INDUSTRIAL DEVELOPMENT; DEFINING
ANNUAL SALARY LEVELS FOR REQUIRED CREATED
JOBS; PROVIDING FOR CODIFICATION, SEVERABILITY,
CONFLICTS AND EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Sanford, Florida, recognizes the need
for economic development stimulation for specific industry types and specific City geographic
areas; and,
WHEREAS, the City Commission of the City of Sanford, Florida desires to encourage
the development of strong healthy Commercial/Industrial activity for the City of Sanford; and,
WHEREAS, the City Commission of the City of Sanford, Florida desires to provide
incentives in the City economy which will encourage job development; and,
WHEREAS, an economic development incentive program can provide needed capital for
Commercial/Industrial development and thereby encourages economic expansion and job
creation; and,
WHEREAS, assisting Commercial/Industrial development and encouraging job creation
serves a valid public purpose as it provides for an expanded tax base and for enlarged
employment opportunities.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1: That Chapter 2, Article 21, of the City code is hereby created to read as
follows:
Article 21, Economic development incentive program (for Commercial/Industrial
development other than residential housing).
A. Subject to an availability of funds, the City may enter into agreements to
participate with Commercial/Industrial developers and entrepreneurs in the establishment or
expansion of new or existing Commercial/Industrial business. Eligible Commercial/Industrial
development must be located within areas delineated by the City Commission, as areas of need
or said development will create at least ten (10) full time equivalent jobs for every $20,000 of
City resource injection. These jobs at a minimum must, minus ~ employer paid fringe benefits,
pay fifteen (15) thousand dollars per annum per full time equivalent job and be expected to have
at least a five (5) year duration, or at a minimum must, including all employer paid fringe
benefits, pay twenty (20) thousand dollars per annum per full time equivalent job and be
expected to have at least a five (5) year duration. Eligible Commercial/Industrial developers
which apply for City incentive program assistance may be awarded assistance in the form of a
direct grant which may or may not require an interest or non-interest bearing payback. The City
Commission shall, based upon consideration with regard to the City's return on their assistance
in the form of ad valorera tax base expansion, determine the type and amount of economic
development incentive program assistance granted. The City shall designate the specific use of
funds, and terms, if any, for pay back of City incentive participation. Prior to the City entering
into any agreements with Commercial/Industrial developers and from time to time thereafter,
the City Commission shall identify a specific source of funds to be used for the provision of
economic development incentive assistance, the costs of such funds, including all expenses or
costs incidental to obtaining or providing same, the interest rate that the City will employ, if
any, in offering economic development assistance with interest; and a reasonable estimation or
description of the administrative costs or expenses associated with administering the economic
development incentive program. The economic development incentive program is available to
qualified Commercial/Indnstrial developers to expand the City's tax base and/or to increase the
number of jobs available in the City.
B. Any Commercial/Industrial developer except those excluded herein, seeking to
participate in the City of Sanford economic development incentive program shall file with the
City Manager a written application for participation in the economic development incentive
program. The application for participation in the economic development incentive program shall
contain, but not be limited to, the following:
1. A description of the type of all existing Commercial/Industrial activity
and/or the type of all proposed Commercial/Industrial activity.
2. The legal description and address for the physical site relative subject
Commercial/Industrial activity;
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Ordinance No. 3273
3. The name and address of all owners, equity holders, or major participants
in the proposed project and if applicable the corporation, partnership (of
any kind), or other;
4. The number of jobs to be created, the per annum salary with itemized
employer/employee paid fringes, and method(s) to be utilized for the
solicitation of employees; A listing by job title(s) and associated job
description(s) for all current and proposed employees;
5. A detailed description of all identified sources of funds to be utilized in
the project and the proposed use of said funds, with all letters and/or
proof of financial commitments.
6. A detailed description of the developers request, including type of
assistance being requested and proposed use of assistance being requested.
After review by the City Manager and or his/her designee, the City Manager shall make
written recommendation to the City Commission for formal consideration and possible approval
in the City's economic development incentive program.
C. If the Commercial/Industrial developer/applicant meets the requirements, for
economic development incentive assistance, and specific funds or resources are available, then
the City may enter into an agreement to provide economic development incentives. Said
agreement shall be binding on the qualified developer/applicant, and any and all subsequent
owners, purchasers, successors in interest, and assigns of the Commercial/Industrial
development. The agreement, and any other associated documentation, shall be in a form
approved by the City Commission and acceptable to the City Attorney and said agreement shall
be recorded in the Official Records of Seminole County, Florida. Simultaneously, the developer
shall provide an acceptable surety bond or the City shall place a lien on the real property to
secure payment of the City economic development incentive and any expenses associated with
providing the economic development incentive.
D. The obligation(s), relative any City economic development incentive program
resources, and the benefits derived therefrom shall run with the real property as identified in the
economic development incentive program agreement.
E. Should any payments due the City become delinquent as set forth in the economic
development agreement, as defined above, the City shall serve, by certified mail return receipt
requested, a notice of delinquency upon the beneficiary of the City's economic development
assistance, at the address appearing on the most recent records maintained by the Property
Appraiser of the County. The notice of delinquency shall serve to notify the beneficiary of the
Ordinance No. 3273
City's economic development assistance, that failure to pay the momhly paymere will cause the
City to demand payment from the developer provided surety bond or to foreclose on the City's
lien in the Circuit Court of Seminole County, Florida.
F. Upon mailing of the notice of delinquency, without further direction of the City
Commission, City staff shall proceed to expeditiously collect or otherwise enforce said lien or
bond pursuant to the provisions of this Ordinance.
G. The City Clerk shall, if appropriate, file a Notice of Satisfaction of Claim of Lien
with the Clerk of the Circuit Court for recording in the Official Records upon satisfaction of the
terms of the agreement or receipt of full paymere of all delinquem monthly payments, interest
due, and any recording expenses. Said Notice of Satisfaction of Claim of the Lien shall reflect
the appropriate information shown on the previously recorded lien.
H. All liens imposed hereto shall be superior on a parity with the lien of any City
taxes until paid as provided herein.
I. Upon sale or re-sale or charge in applicant control, as delineated on the original
application forms, at any time before the full amoum of the money due the City has been paid,
the full amount of the money due the City shall become due and payable. The burden of
notification of any change, as so noted above, shall apply to both the original and subsequent
owner(s)/participant(s). The new owner(s)/participant(s) may apply for participation in the
economic development incentive program and if all criteria as set forth in this Ordinance and
said agreement are met the benefit of the economic developmere program may pass through
emirely and on the same terms to the new owner(s)/partieipant(s).
J. Commercial/Industrial developmere which has been initiated or has been in
operation prior to the enactment date of this Ordinance, but said commercial/industrial
development has not occupied real property named as commercial/industrial developmere for
economic development incentive program assistance, or has not actively provided employment
for person(s) assigned in Section 1, paragraph A, of this Ordinance, may apply for economic
development incentive program assistance.
SECTION 2: Codification. That this Ordinance shall be codified and made a part of the
City Code of Ordinances.
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Ordinance No. 3273
SECTION 3: 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 pan of a section of this Ordinance.
SECTION 4: Conflicts. That all ordinances or parts of ordinances in conflict herewith
be and the same are hereby revoked.
SECTION 5: Effective Date. Shall become effective immediately upon its passage and
adoption.
As the City Commission of the
City of Sanford, Florida
CERTIFICATE
Florida, do hereby certify that a true and correct copy of the
foregoing Ordinance No. 3273, PASSED AND ADOPTED bx the City
Commission of the City of Sanford, Florida, on the ~7~ day of
City of Sanford, Florida, e day of October, 1995.
- As the Deputy City Clerk 0f
the C3~ty of Sanford, F10r~_da
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Ordinance No. 3273