HomeMy WebLinkAboutR-94-05RESOLUTION NO. R-94-05
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ESTABLISHING AN OCCUPATIONAL LICENSE
EQUITY STUDY COMMISSION (THE "COMMITTEE"}: PROVIDING
THE PURPOSE AND FUNCTION OF THE COMMITTEE[ ESTABLISHING
MEMBERSHIP CRITERIA; PROVIDING FOR TERMINATION OF THE
COMMITTEE[ ACKNOWLEDGING ADVISORY STATUS OF THE
COMMITTEE; PROVIDING FOR APPOINTMENT OF A COMMITTEE
SECRETARY[ PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS
OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, recently enacted Section 205.0535, F.S., allows
the establishment of an Equity Study Commission to establish tax
equity among the various business classifications; and
WHEREAS, failure to implement the occupational license tax
under these new provisions by October 1, 1995 will leave the City
of Sebastian under state control thereafter; and
WHEREAS, the City Council deems it in the best interest of
the public to have local control of occupational license taxes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. ESTABLISHMENT OF COMMITTEE. Pursuant to the
provisions of Section 205.0535, F.S., an Equity Study Commission
is hereby established and hereinafter referred to as the
"Committee".
SECTION 2. PURPOSE AND FUNCTION. The purpose of the
Committee is to examine and review the Occupational License
ordinance, Chapter 30, Article II of the Code of Ordinances of
the City of Sebastian, Florida, regarding classifications and
rate structures, and to recommend revisions to such
classifications and rate structures for the occupational license.
The Committee shall be guided by the following objectives in
formulating its recommendations: (1) The Committee shall
review the businesses, professions, and occupations within each
classification and recommend any reclassifications or new
classifications.
(2) The Committee shall recommend a classification for
any business activity not currently paying an occupational
license tax.
(3) The Committee shall review the rates of each
classification, and recommend any fee changes necessary to
establish equity between the rates for such classification.
(4) After conducting objectives (1) through (3) above,
the Committee shall propose a rate structure that will not
generate a decrease in revenues. Any additional revenue
generated from the rate structure changes shall be applied to the
existing license and not from other factors that would have
normally caused increased license revenue (additional licenses or
increases in variable factors such as assets, value of inventory,
number of employees, etc.)
The final report and recommendations of the Committee shall
be made to the City Council no later than September 1994.
SECTION 3. MEMBERSHIP. The Committee shall be comprised of
five members appointed by the city Council. The Committee shall
elect a Chair and a Vice-Chair from amonq its members. Members
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shall Be owners, officers, ma~ager~, or members of the board ~f
directors of a business or profession located within the city of
Sebastian. The term of all members shall expire upon acceptance
of the Committee's final report by the City Council unless
specifically extended by the City Council. All Committee
~eetinq~ shall be held in compliance with Section 286.011, F.S.
Each Committee meeting shall be called by the Chair and Vice-
Chair.
SECTION 4. ADVISORY STATUS. The Committee shall be
advisory only and the members shall serve without compensation.
SECTION 5. APPOINTMENT OF COMMITTEE SECRETARY AND RECORDING
MINUTES. A Committee secretary will be appointed by the City
Clerk and will keep a record of the minutes of the Committee in
accordance with Florida law.
SECTION 6., CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
SECTION 7. SEVERABILITY. In the event a court of competent
jurisdiction shall hold or determine that any part of this
Resolution is invalid or unconstitutional, the remainder of the
Resolution shall not be affected and it shall be presumed that
the City Council of the City of Sebastian did not intend to enact
such invalid or unconstitutional provision. It shall further be
assumed that the city Council would have enacted the remainder of
this Resolution without such invalid and unconstitutional
provision, thereby causing said remainder to remain in full force
and effect.
SECTION 8. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
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The foregoing Resolution was moved for
Councilmember ~ ·
s,~conded by Councilmember ~~...
adoption ~y
The motion was
and, upon
being put into a vote, the vote was as follows:
Mayor Lonnie R. Powell
Vice-Mayor Frank Oberbeck
Councilmember Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
adopted this
The Mayor thereupon declared this Resolution duly passed and
/~ day o~//~~ , 1994.
/~-n h~l ~ ~.-- p ~ 19~/Mayor ~
ATTEST:
K~athry~M.~ O,H~llo~afi, CMC/AAE
City Clerk
(SEAL)
Approve~,~Form and Content:
Charle~ Ian Nash, City Attorney