HomeMy WebLinkAboutO-07-10ORDINANCE NO. 0-07-10
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AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING ~ ~~l
EMERGENCY ORDINANCE NO. 0-07-09; AMENDING CITY CODE SECTION ~t2~
TO INCREASE SENIOR HOMESTEAD EXEMPTION AND PROVIDING FOR
APPLICABILITY, SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, Article VII, Section 6(f) 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~ to give effect to the increased exemption for the current tax year; and
WHEREAS, City Council adopted Emergency Ordinance No. 0-07-09 on May 23,
2007 to meet the State of Florida deadline to grant the additional twenty-five thousand dollar
($25,000) exemption for the current tax year; and
WHEREAS, City Charter section 2.13 states that as of the ninety-first (91) day following
its adoption an emergency ordinance shall automatically stand repealed or may be repealed by
adoption of a repealing ordinance; and
WHEREAS, adoption of a new ordinance is necessary to repeal the emergency
ordinance and to make a permanent amendment to Code of Ordinances Section 2-121 for the
current tax year.
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 City Code, City of Sebastian, Florida, is hereby amended to read as follows:
Sec. 2~-2'rAdditional Homestead Exemption.
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~=%" - ~ ~~^~ An additional homestead exemption in the amount of eve f
thousand dollars 50 000 r; which additional homestead exemption
applies only to taxes levied by the City of Sebastian, 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. REPEAL. Emergency Ordinance No. 0-07-09 and all other ordinances
or parts of ordinances in conflict herewith are hereby repealed.
Section 4. 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 5. EFFECTIVE DATE. Except as otherwise provided herein, this Ordinance
shall take effect upon adoption.
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The foregoing Ordinance was moved for adoption b Councilmember ~i~nc~clL
The motion was seconded by Councilmember - %c.~-~i. ~. ~ and, upon being put to a vote,
the vote was as follows: +
Mayor Andrea Coy
Vice-mayor Sal Neglia ~ ~~
Councilmember AI Paternoster
Councilmember Dale Simchick
Councilmember Eugene Wolff
The Mayor thereupon declared this Ordinance duly passed and adopted this 25thday of July, 2007.
ATTEST:
Sally A. Mai , MMC
City Clerk
CITY OF SEBA N, FLO
By:
Andrea Coy, Mayor
Approved as to form and legality for
reli b the City of Sebastian only:
I
ich Stringer, Cit ttorney
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