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Ordinance 12-1986 ORDINANCE NO. 12 -1956 AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, CALLING A REFERENDUM ON WHETHER TO AUTHORIZE THE CITY COMMISSION TO GRANT ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS PURSUANT TO ARTICLE II, SECTION 3, FLORIDA CONSTITUTION AND SECTION 196.1995, FLORIDA STATUTES; PROVIDING FINDINGS, AUTHORITY FOR THIS ORDINANCE AND FOR AUTHORIZATON TO GRANT ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS; PROVIDING FOR REFERENDUM BALLOT TITLE AND QUESTION AND DIRECTION TO CITY CLERIC; PROVIDING FOR SEVERARILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Longwood desires to foster and maintain a local economic development climate that results in a healthy business sector and sustains a quality of life desired by the residents of our community; and WHEREAS, the City of Longwood desires to adopt incentives that enable the community to advance opportunities for quality, sustainable economic development; and WHEREAS, a prosperous economic base supports self - sufficiency for maintaining quality municipal services, maximizing economic multiplier effects, and improving the community's overall quality of living; and WHEREAS, the City Commission recognizes the need to have' the ability to provide economic development incentives; and WHEREAS, one mechanism for fostering and maintaining a positive economic climate for the expansion of existing businesses and to incentivize new business growth in the City is to provide for certain property tax exemptions as permitted under Section 196.1995, Florida Statutes, upon receipt of authorization to do so from the voters of the City by proper referendum; and WHEREAS, the development and granting of ad valorem tax exemptions to qualifying businesses will provide the City of Longwood with an additional economic development incentive which will enhance the desirability of the City of Longwood for new businesses and expansions of existing businesses; and WHEREAS, pursuant to Article VII, Section 3 of the Florida Constitution and Section 196.1995, Florida Statutes, the Commission of the City of Longwood is authorized to call a referendum within its jurisdiction to determine whether its respective jurisdiction may grant economic development ad valorem tax exemptions to qualifying new businesses and expansions of existing businesses; and WHEREAS, the City Commission desires to call a referendum pursuant to Section 196.1995, Florida Statutes, in order to determine whether the City Commission should be granted the authority to grant economic development ad valorem tax exemptions to qualifying new businesses and expansions of existing businesses; and WHEREAS, the City Commission desires for such referendum to be held on November 6, 2012 during the City's regular election. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, AS FOLLOWS: SECTION 1. FINDINGS The above "Whereas" clauses are adopted by the City Commission (Commission) of the City of Longwood, Florida as the Commission's legislative findings for adopting this Ordinance. SECTION 2. AUTHORITY OF 'THIS ORDINANCE The City Commission of the City of Longwood has the authority to adopt this Ordinance pursuant to Article VIII of the Florida Constitution, Chapter 166, Florida. Statutes, the City of Longwood Charter, Section 196.1995, Florida Statutes, Section 101.161, Florida Statutes, and other applicable provisions of law. SECTION 3. AUTHORIZATION TO GRANT ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTIONS Pursuant to Section 196.1995, Florida Statues, and subject to voter approval by referendum, the Commission is authorized to and may grant by Ordinance economic development ad valorem tax exemptions to new businesses relocating in the City of Longwood and to expansions of existing businesses located in the City of Longwood for up to 100% of the City ad valorem tax levied for a period of up to ten (10) years; provided the exemption does not apply to taxes levied for the payment of bonds or to taxes authorized by a vote of the electors pursuant to Section 9 and Section 12, Article VII of the Florida Constitution. SECTION 4. BALLOT TITLE AND QUESTION The ballot title and question for the referendum held on November 6, 2012 shall read as follows: ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION AUTHORITY Shall the City Commission of the City of Longwood be authorized to grant, pursuant to Section 3, Article VII of the Florida Constitution, property tax exemptions to new businesses, and expansions of existing businesses that are expected to create new, full -time jobs in the City of Longwood? Yes — For authority to grant exemptions. No — Against authority to grant exemptions. SECTION 5. DIRECTION TO CITY CLERK The City Clerk shall publish a notice of said referendum in a newspaper of general circulation in the City of Longwood as required by law. The City Clerk shall promptly notify the Seminole County Supervisor of Elections of the adoption of this Ordinance and transmit a certified copy of this Ordinance to the Supervisor of Elections. The City Clerk is hereby directed to take all appropriate steps to see to it that the referendum called by this Ordinance is placed on the ballot for the next regular City election held on November 6, 2012 and that such referendum is held. SECTION 6. REFERENDA RESULTS. If a majority of the votes cast during the election period. for the referendum are for the Commission to grant exemptions, such proposition shall be approved and the City Commission shall be authorized to grant economic development ad valorem tax exemptions by Ordinance as specified hi Section I of this Ordinance and pursuant to Section 196.1995, Florida Statutes. If the majority of the votes cast during the election period for the referendum are against the authority for the Commission ad valorem exemptions, the City Commission shall not be authorized to grant ad valorem. tax exemptions pursuant to Section 196.11995, Florida Statutes. SECTION 7. SEVERABILITY If any section, subsection, sentence, clause, phrase of this Ordnance or the particular application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of the Ordinance are declared severable. SECTION S. EFFECTIVE DATE This Ordinance shall take effect immediately upon its adoption. FIRST READING: a" r z- SECOND READING: PASSED AND ADOPTED THIS � DAY OF c3-y_ 2012. CITY OF LONGWOOD, FLORIDA ATTE,� ' < �c Sarah M. Mirus, MMC, MBA, City Cleric Brian D. Sackett, Ma r Approved as to foi7n and legality for the use and reliance of the City of Longwood, Florida only: Darttl W. Lan , Ci A ne