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HomeMy WebLinkAboutV (A 1 &2) Senior Program (Over 65) Resolution No. 96-28, eliminating ad valorem tax rebate from Senior Program Benefits AGENDA 10-15-96 ' Item VA 1 & 2 F OLEY & LARDNER ATTORNEYS AT LAW SUITE 1800 111 NORTH ORANGE AVENUE A MEMBER OF GLOBALEX ORLANDO, FLORIDA 32801 WITH MEMBER OFFICES IN JACKSONVILLE BERLIN TELEPHONE (407) 423-7656 TALLAHASSEE BRUSSELS TAMPA FACSIMILE (407) 648-1743 DRESDEN WEST PALM BEACH FRANKFURT MAILING ADDRESS MILWAUKEE LONDON MADISON POST OFFICE BOX 2193 PARIS CHICAGO ORLANDO, FL 3 2802-21 9 3 SINGAPORE WASHINGTON,D.C. STUTTGART TAIPEI MEMORANDUM TO: The Honorable Mayor and City Commissioners of the City of Ocoee FROM: Paul E. Rosenthal, Esq. , City Attorney DATE: October 10, 1996 RE: Resolution Nos . 96-28 and 29 : Amendments to Senior (Over 65) Program i Pursuant to the direction of the City Commission at its meeting of October 2, 1996, attached hereto are the following resolutions : 1 . Resolution No. 96-28 . This resolution eliminates the ad valorem property tax refund as a Senior Program Benefit . 2 . Resolution No. 96-29 . This resolution closes the Senior Program to new participants so that only individuals who are receiving Senior Program Benefits as of October 1, 1996 will be eligible to continue to receive such benefits . The October 1, 1996 date was used to assure that all persons currently receiving benefits will not be affected by this Resolution. ' This was used in lieu of the April 30, 1996 date since all applications may not have been completely processed by that dated and since individuals may have lost their eligibility subsequent to that date. It will be necessary for an individual to continue to maintain program eligibility in order to continue to receive the benefits . In the event a current participant ceases to be the owner and occupant of his/her home within the City, then such individual will lose benefits (which is the current program) and will not later be eligible to regain benefits under the program. Each of the above Resolutions should be acted upon by the City Commission by separate vote at separate public hearings which have been advertised. Each Resolution stands alone and the adoption of one resolution is not dependent on the adoption of the other i ESTABLISHED 1 8 4 2 The Honorable Mayor and City Commissioners of the City of Ocoee October 10, 1996 Page 2 resolution. Additionally, the Resolutions have been drafted so that they do not reaffirm any aspects of the existing program. This will allow a City Commissioner to vote for either resolution without having such vote being construed as supporting any aspect of the Senior Program which a Commissioner may oppose . Please note that I have approved Resolution No. 96-28 as to form and legality. However, Resolution No. 96-29 is approved as to form only for the reasons stated at the October 2nd City Commission meeting. For your convenience, I am also attaching a copy of Resolution No. 90-06 which establishes the current Senior Program. PER:dh Enclosure C:\WP5I\DOCS\OCOE\MEMOS\PERDDH 10.091 10/10/96 I DEBBIEH I PER:dh t I AGENDA 10-15-96 Item V A 2 RESOLUTION NO. 96 - 29 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE SENIOR (OVER 65) PROGRAM; AMENDING RESOLUTION NO. 90-06 BY CLOSING THE SENIOR PROGRAM TO NEW PARTICIPANTS SO THAT ONLY INDIVIDUALS RECEIVING SENIOR PROGRAM BENEFITS AS OF OCTOBER 1, 1996 WILL BE ELIGIBLE TO CONTINUE TO RECEIVE BENEFITS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes . SECTION 2 . Section I of Exhibit "A" to Resolution No. 90- 06 is hereby amended by the addition of the following eligibility requirement : 5 . The individual must have been a qualified participant in the Senior Program who is receiving Senior Program Benefits as of October 1, 1996 . It is the intent of the foregoing eligibility requirements to close the Senior Program to new participants so that only individuals who are receiving Senior Program Benefits as of October 1, .1996 will be eligible to continue to receive such benefits, as they may from time to time be amended by Resolution of the City Commission. SECTION 3 . Section II of Exhibit "A" of Resolution No. 90- 06 regarding Application Procedures is hereby repealed in its entirety; provided, however, that the Finance Director may continue to from time to time require that the current participants in the City of Ocoee Senior Program submit satisfactory evidence that they continue to meet the eligibility requirements set forth in Section I (2) of Exhibit "A" to Resolution No. 90-06 . If an individual ceases to meet the eligibility requirements of Section I (2) of Exhibit "A" to Resolution No. 90-06 (i .e. , ceases to be the owner and occupant of his or her home located within the corporate limits of the City) , then such individual shall no longer be eligible to continue to receive Senior Program Benefits and shall not be eligible for the resumption of Senior Program Benefits at a later date . It is the intent of the foregoing to terminate the receipt by the City of applications for participation in the Senior Program consistent with the closing of the Senior Program to new participants . SECTION 4 . Except as expressly set forth herein, Resolution No. 90-06, as amended by Resolution No. 96-28, remains unchanged. SECTION 5 . Conflicts . All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed and rescinded. SECTION 6 . Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 7 . Effective Date. This Resolution shall become effective immediately upon passage and adoption. 2 PASSED AND ADOPTED this day of , 1996 . APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S . Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE CITY OF OCOEE THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING APPROVED AS TO FORM. HELD ON , 1996 this day of , 1996 . UNDER AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney C:1WP511DOCS\OCOE\RES96.29110/10/96I DEBBIEH{PER:dh 3 RESOLUTION NUMBER 90- 0 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ESTABLISHING THE CITY OF OCOEE SENIOR PROGRAM; REPEALING ALL PREVIOUS PROGRAMS; ESTABLISHING A COMMITTEE TO STUDY METHODS OF CARING FOR THE ELDERLY AND POOR; PROVIDING FOR THE FUTURE APPROPRIATION OF ANY MONETARY SAVINGS; PROVIDING THAT THE CITY OF OCOEE SENIOR PROGRAM IS SUBJECT TO THE ANNUAL APPROPRIATION OF FUNDS BY THE CITY COMMISSION; PROVIDING FOR AN EFFECTIVE DATE.. WHEREAS, the City Commission of the City of Ocoee, Florida ("the City") has determined that it is in the public interest to protect the health and welfare of its senior citizens; and WHEREAS, in order to protect the health and welfare of its senior citizens, the City has previously established a senior program which afforded eligible senior citizens certain benefits and privileges; and WHEREAS, the City established a citizen committee to study the City of Ocoee senior program, which committee held public hearings and made certain recommendations to the Ocoee City Commission; and WHEREAS, on July 24, 1990, the City Commission. held a public hearing regarding the _recommendations made by the citizen committee and voted to continue the City of Ocoee senior program as modified by those recommendations and as further modified by the City Commission at said public hearing; and WHEREAS, the City Commission desires to document in this Resolution the eligibility requirements, application procedure, benefits and duration of 'its senior program in order to memorialize the program .and avoid any public confusion regarding the senior program; and WHEREAS, the City Commission has the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED by the Board of City Com- missioners of the City of Ocoee, Florida, that: Section 1. The City of Ocoee hereby establishes the "City of Ocoee Senior Program", the terms and conditions and benefits of said program being set forth in Exhibit "A" attached hereto and incorporated herein by reference. The program described in Exhibit "A" hereto shall be referred to as the "City of Ocoee Senior Program". Section 2. All previous actions of the City Commission relating to the providing of free or reduced rate water service, garbage/trash service and/or ad valorem taxes to its senior citizens are hereby repealed in their entirety. It is the intent of the City Commission that the City of Ocoee Senior Program be established as set forth in this Resolution and that any and all prior or inconsistent actions be and are hereby rescinded and repealed. Section 3. A citizen committee shall be appointed by the City Commission to study other cities' programs and methods of caring for the elderly and poor and to from time to time make recommendations to the City Commission regarding programs which benefit the elderly and poor. • Section 4. In the event the City of Ocoee Senior Program results in a monetary savings over the cost of the previously existing program for senior citizens, then any such savings shall, at the discretion of the City Commission be used to fund other programs to benefit the elderly and poor. Section 5. The City of Ocoee Senior Program is subject to the annual appropriation of funds by the Ocoee City Commission in accordance with the applicable provisions of Florida law and the Ocoee City Charter. Section 6. The Mayor and City Clerk are hereby authorized to execute this Resolution. Section 7. This Resolution shall become effective immediately upon its adoption by the City Commission of the City of Ocoee. ADOPTED this day of August, 1990. CITY OF OCOEE, FLORIDA LE R DABBS, JR., Ma % Attest: . �'? JrEAN GRAFTON/✓City Clerk (SEAL) • FOR USE AND RELIANCE ONLY APPROVED BY' THE OCOEE CITY . BY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING APPROVED AS TO FORM,,/, HELD ON 4v64,t' ' , 1990 • AND IEGALITY this J. day UNDER AGENDA ITEM NO. ✓ r of fr7. LiSt , 1990. FOLEY & LARDNER, VAN DEN BERG, GAY, BURKE, WILSON and ARKIN 11 By: D. , Esquire City Attorney FLOPPY/47580(4) 01 (07/30/90) EXHIBIT "V' TO RESOLUTION NO. 90- 66 CITY OF OCOEE SENIOR PROGRAM I. ELIGIBILITY REOUIREMENTS: In order to be eligible to receive benefits under the City of Ocoee Senior Program, the following eligibility requirements must be met: 1. The individual.must have resided in the corporate limits of the City of Ocoee for ten (10) or more years; 2. The individual must be the owner and occupant of his or her home located within the corporate limits of the City of Ocoee; 3. The individual must be at least 65 years old, or in the alternative, 62 years old and receiving Social Security benefits; and 4. The individual must have submitted an application for benefits to the City as set forth in Section II below and have had such application approved by the City Finance Director. An individual must at all times meet the eligibility require- ments set forth above in order to continue to receive benefits under the Senior Program. II. APPLICATION PROCEDURES: 1. Qualified residents seeking benefits under the City of Ocoee Senior Program must submit an application to the 1' City Finance Director, under penalty of perjury, stating that the applicant meets all of the eligibility require- 1 ments set forth in Section I above. 2. The applicant must include satisfactory proof of residence, ownership, age, and Social Security benefits. Evidence of current homestead exemption for a residence located within the corporate limits of the City shall satisfy the requirement in Section I(2) above. The City Finance Director shall determine whether the eligibility require- ments have been satisfied. 3. Applications for inclusion in the City of Ocoee Senior Program will be accepted by the City only during the month of April of each year. 4. Participants in the Senior Program as of the date of this Resolution are exempt from the application require- ments set forth above. 5. The Finance Director may from time to time require that participants in the City of Ocoee Senior Program submit satisfactory evidence that they continue to meet the eligibility requirements set forth in Section I(2) above. III. SENIOR PROGRAM BENEFITS 1. Participants in the City of Ocoee Senior Program will receive the following benefits: a. The first 10,000 gallons of water per month without charge. b. Garbage/Trash Pickup Service provided by the City shall be without charge. c. A refund of City of Ocoee ad valorem property taxes, up to a maximum of $100.00 per year, after payment is made to the Orange County Tax Collector, and proof of payment presented to the City Finance Director. 2. Participants qualifying in April of each year shall begin to receive benefits in accordance with the following schedule: a. Those benefits set forth in Section III(1) (a) and (b) above shall commence as of October 1 of the year of application; and b. Those benefits set forth in Section III (1) (c) above shall begin with the payment of City ad valorem property taxes for the year following the year of application. 3. Participants in the City of Ocoee Senior Program as of the date of this Resolution immediately qualify for all benefits set forth in Section III (1) above. Iv. CONTINUATION OF SENIOR PROGRAM: 1. Continuation of the City of Ocoee Senior Program is subject to the annual appropriation of funds by the Ocoee City Commission in accordance with the applicable . provisions of Florida law and the Ocoee City Charter. 2. The Ocoee City Commission reserves the right to terminate and/or modify the Ocoee Senior Program, including but not limited to its eligibility requirements and benefits, at any time and without further notice; provided, however, that any such termination or modification shall occur at an advertised public hearing. FLOPPY/475801(1) 01(07/30/90)