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HomeMy WebLinkAboutO-07-09EMERGENCY ORDINANCE NO.0-07-09 a' ~ Z Z AN EMERGENCY ORDINANCE OF THE CITY SEBASTIAN, FLORIDA, AMENDING CITY CODE SECTION ,~1'l'r TO INCREASE SENIOR HOMESTEAD EXEMPTION; PROVIDING FOR APPLICABILITY, SEVERABILITY AND EFFECTIVE DATE. WHEREAS, Article VII, Section 6(fj of the constitution of the State of Florida authorizes the legislature, by general law, to allow counties or municipalities to grant an additional homestead tax exemption, which amount was recently increased from a maximum twenty-five thousand dollars ($25,000) to a maximum exemption of fifty thousand dollars ($50,000), to any person who has title to real estate and maintains thereon the permanent residence of the owner and who has attained age sixty-five and whose household income does not exceed twenty thousand dollars as adjusted periodically for changes in the cost of living; and WHEREAS, Florida Statutes authorizes a municipality to adopt an ordinance to allow this additional homestead exemption, which has likewise been increased to $50,000 in the recent legislative session, with a provision authorizing the use of an emergency ordinance prior to June 1 S` to give effect to the increased exemption for the current tax year; and WHEREAS, the City Council elects to implement the additional homestead exemption. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. SENIOR HOMESTEAD EXEMPTION INCREASED. That Section 2-121 of the Ciry Code, City of Sebastian, Florida, is hereby amended to read as follows: ` Sec. 2 J,2~rAdditional Homestead Exemption. ~~U~ oZ-122, .Q~~~ .. An additional homestead exemption in the amount of t~~ fiftv thousand dollars 50 000 (ice, which additional `.k~~~' homestead exemption applies only to taxes levied b the Cit of Sebastian 51 / Y Y '~% shall be allowed for any person who has legal or equitable title to real estate and maintains thereon the permanent residence of the owner, who has attained age sixty-five (65), whose household income does not exceed twenty thousand ($20,000) as such amount has been adjustment in accordance with Fla.. Stat. Section 196.075 (3), and who submits to the Property Appraiser a sworn statement of household income as required hereafter. Section 2. APPLICABILITY. The additional exemption provided herein shall take effect with the current tax year, as provided by law, and notice of adoption along with the information required under the provisions of statute shall be immediately transmitted to the proper authorities. Section 3. SEVERABILITY. If any section, paragraph, sentence, clause or phrase of this Ordinance is held by a court of competent jurisdiction to be invalid or unconstitutional, such holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. EFFECTIVE DATE. Except as otherwise provided herein, this Ordinance shall take effect upon adoption. The fore oing Ordinance was moved for adoption by Councilmemb ~' . The motion was seconded by Councilmember ~ and, upon being put to a vote, the vote was as follows: Mayor Andrea Coy ~ Vice-mayor Sal Neglia ,~ Councilmember Al Paternoster ~ Councilmember Dale Simchick .~ Councilmember Eugene Wolff The Mayor thereupon declared this Ordinance duly passed and ado~ted this 23rd day of May, 2007. CITY OF SEBASTIAN, FLORIDA ATTEST: By: /' ~Q /~ ~~ Mayor Andrea Coy Sally A. Ma~ , MMC Approved as to form and legality for City Cle relianc y the City of Sebastian only: r~ Rich Stringer, City Att ey