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08-02-05 Item 13I ORDINANCE NO. 2 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 4 THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO; THE 5 AMENDMENT OF SECTION 13 -24 OF THE CITY'S CODE OF 6 ORDINANCES "SCHEDULE OF LICENSE TAXES" BY INCREASING 7 LICENSE TAX RATES PURSUANT TO CHAPTER 205 OF THE 8 FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; 9 PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING 10 AN EFFECTIVE DATE. 11 12 13 WHEREAS, on September 19,1995 the City Commission of the City of South 14 Miami adopted Ordinance No. 14 -95 -1587 including a "SCHEDULE OF LICENSE 15 TAXES" regulating the classification of businesses, professions and occupations and 16 establishing rate structures for Occupational License Taxes; and, 17 18 19 WHEREAS, Chapter 205 of the Florida Statutes provides that municipalities and 20 counties may, every other year, increase by ordinance the rates of local occupational 21 license taxes by up to 5 percent; and, 22 23 24 WHEREAS, The Mayor and City Commission desire to amend the "SCHEDULE 25 OF LICENSE TAXES" by increasing all occupational license tax rates by 3 (three) 26 percent. 27 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 30 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 31 32 33 Section 1. Article I, Chapter 13, Section 13 -24 of the City's Code of Ordinances is 34 amended by increasing all rates included in the "SCHEDULE OF LICENSE TAXES" by 35 3 (three) percent as indicated in the amended "SCHEDULE OF LICENSE TAXES" 36 attached to this ordinance. 37 38 39 Section 2. If any section, clause, sentence or phrase of this ordinance is for any 40 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 41 shall not affect the validity of the remaining portions of this ordinance. 42 Additions shown by underlining and deletions shown by ; veFstriking- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall take effect on October 1St° 2005. PASSED AND ADOPTED this ATTEST: CITY CLERK 1St Reading — 2" d Reading - READ AND APPROVED AS TO FORM: CITY ATTORNEY day of , 2005. APPROVED: MAYOR COMMISSION VOTE: Mayor Russell: Vice Mayor Palmer: Commissioner Birts- Cooper: Commissioner Sherar: Commissioner Wiscombe: Additions shown by underlining and deletions shown by egg. ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO; THE AMENDMENT OF SECTION 13 -24 OF THE CITY'S CODE OF ORDINANCES "SCHEDULE OF LICENSE TAXES" BY INCREASING LICENSE TAX RATES PURSUANT TO CHAPTER 205 OF THE FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 19,1995 the City Commission of the City of South Miami adopted Ordinance No. 14 -95 -1587 including a "SCHEDULE OF LICENSE TAXES" regulating the classification of businesses, professions and occupations and establishing rate structures for Occupational License Taxes; and, WHEREAS, Chapter 205 of the Florida Statutes provides that municipalities and counties may, every other year, increase by ordinance the rates of local occupational license taxes by up to 5 percent; and, WHEREAS, The Mayor and City Commission desire to amend the "SCHEDULE OF LICENSE TAXES" by increasing all occupational license tax rates by 3 (three) percent. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Article I, Chapter 13, Section 13 -24 of the City's Code of Ordinances is amended by increasing all rates included in the "SCHEDULE OF LICENSE TAXES" by 3 (three) percent as indicated in the amended "SCHEDULE OF LICENSE TAXES" attached to this ordinance. Section 2. If any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Additions shown by underlining and deletions shown by ^-�°Yo Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall take effect on October Is" 2005. PASSED AND ADOPTED this day of , 2005. ATTEST: CITY CLERK I" Reading — 2" d Reading — READ AND APPROVED AS TO FORM CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Russell: Vice Mayor Palmer: Commissioner Birts- Cooper: Commissioner Sherar: Commissioner Wiscombe: Additions shown by underlining and deletions shown by ovekiag SCHEDULE OF LICENSE TAXES Individual uses are listed in the "Permitted Use Schedule ", included in the Land Development Code. 3. BUSINESS AND PROFESSIONAL SERVICES 301 Sole proprietor $150.50 $155.00 New Rate/ 1. RESIDENTIAL USES (Apartments only) Old Rate 3% Increase 100 Up to 5 units $86.82 $89.42 101 6 to 50 units $150.50 $155.00 102 51 to 100 units $231.53 $238.47 103 101 to 200 units $289.41 $298.09 104 201 or more units $347.29 $357.70 2. PUBLIC AND INSTITUTIONAL USES 201 Up to 1,000 sq. ft. $115.75 $119.23 202 1,001 to 3,000 sq. ft. $173.65 $178.85 203 3,001 to 10,000 sq. ft. $231.53 $238.47 204 10,001 sq. ft. and over $277.83 $286.16 3. BUSINESS AND PROFESSIONAL SERVICES 301 Sole proprietor $150.50 $155.00 302 2 to 9 employees $231.53 $238.47 303 10 to 24 employees $319.07 $328.64 304 25 or more employees $405.17 $417.32 4. RETAIL AND WHOLESALE TRADE 401 Up to 1,000 sq. ft. $150.50 $155.00 402 1,001 to 2,000 sq. ft. $231.53 $238.47 403 2,001 to 5,000 sq. ft. $405.17 $417.32 404 5,001 to 15,000 sq. ft. $578.81 $596.17 405 15,000 sq. ft. and over $868.22 $894.26 5. TRANSPORTATION, WAREHOUSING & COMMUNICATIONS 501 Minimum rate $231.53 $238.47 502 10 to 25 employees $260.46 $268.27 503 26 or more employees $289.41 $298.09 504 7,500 to 20,000 sq. ft., an additional $29.94 $30.83 505 20,001 sq. ft. and over, an additional $57.89 $59.62 6. MANUFACTURING & INTENSIVE USES 601 Minimum rate $260.46 $268.27 602 7,500 to 15,000 sq. ft. $289.41 $298.09 603 15,001 to 25,000 sq. ft. $318.35 $327.90 604 25,001 sq. ft. and over $347.29 $357.70 7. COIN OPERATED MACHINES 700 Each machine $34.73 $35.77 effective 1011105 ORDINANCE NO 14 -95 -1587 . AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH , MIAMI, FLORIDA AMENDING SECTION 13 -24 OF THE CITY'S CODE OF ORDINANCES, IN ORDER TO PROVIDE FOR CODIFICATION OF A REVISED "SCHEDULE OF LICENSE TAXES" PURSUANT TO SECTION 205 OF FLORIDA STATUTES AND THE RECOMMENDATIONS OF THE CITIZENS' '°EQUITY STUDY CUMiISSYON" ; PROVIDING FAR SE3 ERAHILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 18, 1995, the City Commission of the City of South Miami adopted Ordinance No 6 -95 -1579 which codified the regulations' and procedures regarding occupational licenses; WHEREAS, she Florida Legislature enacted Chapter 93 -180, Laws of Florida (1993), enabling local governments to reclassify businesses, professions and occupations and to establish new rate structures, subject to the requirements and limitations contained in the legislation; WHEREAS, local governments wishing to establish new occupational classifications and rate structures must establish an equity study commission and appoint its members, each of whom must be a representative of the business community within the local government's jurisdiction; WHEREAS, the City Commission of the City of South Miami established an occupational license tax equity study commission pursuant to Chapter 93 -180; WHEREAS, the Mayor and City Commission adopted Resolution 64- 95 -9613_ ratifying the appointments of Bill _Enright; Armando Oliveros; Gwendolyn Thomas; J.B. Turbidy; and Mark Wynnemer, representatives of the local business community, as members of the Equity Study Commission; WHEREAS, the Equity Study Commission completed its study and has recommended a "Schedule of License Taxes" based upon reasonable classifications and equitable rates; WHEREAS, the Mayor and City Commission wish to amend the ordinance regulating occupational license taxes to include the "Schedule of License Taxes" recommended by the Equity Study Commission. 1 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Article I,° Chapter 13, Section 13 -24 of the City's Code of ordinances is amended by deleting the "Schedule of License Taxest1 attached to said section and substituting the "Schedule of License Taxes" recommended by the Equity Study Commission, attached to this ordinance and made part of said Section 13 -24. Section 2. That license taxes will be reduced or increased by the " Schedule of License Taxes" recommended by the Equity Study Commission. However, any increase in license renewal taxes will not exceed statutory limitations. Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby,repealed. /11 Section 5. This ordinance shall take effect on October 1, 1995. PASSED ED this 19th da o Setember 1995. y i _A 1st Reading September 5, 1995 2nd Reading September 19, 1995 2 MAYOR � f3 p jY }; YEA E57I5: a�9 y r, NAY C�giw�f D �'...e -�'v: �°�.,..ev.=.. °..� (1 �� ' 4i - SirG%M1b 6' rj 4A 5 fi �`�r 7 +5 eisra:.iu"1W Fc �.��.,.+aa §43 .a, e rt%. y �y � -' ( {' P-, ,WW _ --- -- CHEDULE OF LICENSE TAXES ndividual uses are listed in the "Permitted Use Schedule," Section ;0 -3.3 (E) of the Land Development Cade. L) Residential Uses (Apartments Only) Up to 5 units $ 75 6 to 50 units $130 51 to 100 .units $200 101 to 200 units $250 201 or more units $300 2) Public and Institutional Uses Up to 1,000 sq. ft. $100 1,001 to 3,000 sq. ft. $150 3,001 to 10,000 sq. ft. $200 10,001 sq. ft and over $240 3) Business and Professional Services Sole proprietor $130 2 to 9 employees $200 10 to 24 employees $275 25 or more employees $350 4) Retail and Wholesale Trade Up to 1,000 sq. ft. $130 1,001 to 2,,000 -sq. ft. $200 2,001 to 5,000 sq. ft. $350 5,001 to 15,000 sq. ft. $500 More than 15,000 sq. ft. $750 5) Transportation, Warehousing & Communications Minimum rate $200 10 to 25 employees $225 26 or more employees $250 7,500 to 20,000 sq. ft., an additional $ 25 20,001 sq. ft and over, an additional $ 50 6) Manufacturing and Intens Minimum rate 7,500 to 15,000 sq. ft. 15,001 to 25,000 sq. ft. 25,001 sq. ft. and over 7) Coin- operated Machines Each machine ive Uses $225 $250 $275 $300 $ 30 3 CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City, Commission of the City-of South Miami, Florida will hold a Public Hearing during its regular City Commission meeting on September 19, .1995 beginning at 7 :30-p.m., in the City-Commission Chambers, 6130 Sunset Drive to consider the MIAMI DAILY BUSINESS REVIEW Published Daily e copt Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, tLegal Notices of the Miami Daily Business Review f /Wa Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING SEPTEMBER 19, 1995 AMENDING SECTION 13 -24 OF THE CITY'S CODE OF ORDINANCES, ETC• in the ........................ XX�...... ............. court, was published in said newspaper in the issues of Sep 5, 1995 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami` in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of.advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discou , ebate, commission for the purpose of secur' g this advertiseme or p tic lion in the said news per . ............. Sworn to and subscribed before me this 5 September 95 ........day of .............................. ............................... A.D. 19...... (SEAL) Octelma V. Ferbeyre personally I -•wage•' OFFICIAL NOTARY SEAL CHERYL H MARIM131 COMM15S10N NO. L-C191612 MY COb11:11SSION EXP. APR. 12,1996' NZ, following described ordinance:: AN ORDINANCE OF THE MAYOR AND CITY` COMMISSION "OF THE CITY OF SOUTH MIAMI_ FLORIDA AMENDING - :SECTION 13 -24 OF THE ..CITY'S CODE OF ORDINANCES REVISED 'SCHEDULE OF- -LICENSE TAXES' . PURSUANT TOl = SECTION 205 OFD FLORIDA- STATUTES . AND THE RECOMMENDATIONS OF'kHE CITIZENS! "EQUITYSTUdY COMMISSION% PROVIDING FOR- SEVERABILITY;: PRO.--- VIDING FOR ORDINANCES IN CONFLICT, AND PRO- ,_-" j VIDiNG FOR AN EFFECTIVE DATE.- a The proposed classifications and rates applicable are: I SCHEDULE OF LICENSE TAXES _ - "Individual uses are listed in the 'Permitted Use Schedule,' a Section 20 -3.3 (E) of the Land - Development Code. = 1) Residential Uses (Apartments Onivl aJp tg 5 units x $ 75 . 6 to -50 units. $13Q _' '�10,T`icf 200utrts � � $250 kz' 20t.or more units 4 i 2) J�ubric and InstitutronakUses - ���'��� , � ;: m UpIQ 1,000 sq ft e X100 K to 3.000 aq h 5150 ' u r "3.001 to 10,000 sq !t _ $20D 001 sq. it and over.,. :$240 3) Business and Professional Services Sole proprietor a $130 2 t0 9 employees _''. '(1200 r t 10 to 24, employees x � � $275 25,or.more employees __. . Upto 1,000 sq ft 1,001 to:2,000 sq 10 5,( 00 sq -ft...; 3:- .N5,p01 to 15,000 sq. `ft. =" n' fxt$500q AF�7 .iMore then 1.5,t>DO $q - 5) r -Transportation. Warehousmq >ii�Communications -:Minimum rate $200' JI0 to Y5 amp loyeesµ $22S 26or more employees $250 7 500to20,000 sq. ft., " arr additional - `$ 25 20,001 sq ft and over, an addiUonat.T " 50 6) Manufacturing and Intensive Uses - _ ,.Minimum " rate, tt ;;$225 7,600 to 15,000 sq. it. $250 15 .001 to 25,000 sq..,ft. m . 5275 25,001 sq:.ft. and over $300 �r : _. Cgin- goarated Maohir�s - Each machine S 30 Said ordnance can be vkmed.in the office of the City Glen , Monday = Friday during regular office hours. Inq- canes concemrng this item can be addraised to Building, Zoning - arid community Davelopnie`nt bQ rtment: (305) 663 -6324. ALL interested parties are invited to attend and will be heard - Rosetta Taylor, CMC Crfy Getk "of South Miami 'Pursuant to Florida Statute 296.0105, the City hereby advises the public that if a person decides to appear any decision made by this board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or. she will need a record of the proceed- ings, and that for such purpose, affected person may need to ensure that a verbatim record of the. proceedings is made which record shall include the testimony and evidence -upon which the appeal is to be based. 9/5 95- 3.090521 M