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Home My WebLink AboutResolution 96-28 RESOLUTION NO. 96 - 28 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE SENIOR (OVER 65) PROGRAM; AMENDING EXHIBIT "A" TO RESOLUTION NO. 90-06 BY ELIMINATING THE AD VALOREM PROPERTY TAX REFUND AS A SENIOR PROGRAM BENEFIT; 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. Subsection III (1) (c) of Exhibi t "A" to Resolution No. 90-06 is hereby repealed in its entirety said repealed subsection reading as follows: c. A refund of City of Ocoee ad valorem property taxes, up to a maximum of $100.00 per year, after payment is made to the Orange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. Further, Subsection III(2) (b) of Exhibit "A" to Resolution No. 90-06 is hereby repealed in its entirety, said repealed subsection reading as follows: b. Those benefits set forth in Section III (1) (c) above shall begin with the payment of City ad valorem property taxes for the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. It is the intent of this Resolution that by repealing Subsections III (1) (c) and III (2) (b) of Exhibit "A" to Resolution 90-06 that the City will remove as a Senior Program Benefit the refund of City of Ocoee ad valorem taxes. Accordingly, participants in the Senior Program will no longer receive a refund of City of Ocoee ad valorem taxes. SECTION 3. Conflicts. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed and rescinded. SECTION 4. 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. Effective Date. This Resolution shall become SECTION 5. effective immediately upon passage and adoption. PASSED AND ADOPTED this r.cril day of Dc. 'to f3e-t2- , 1996. APPROVED: CITY OF OCOEE, FLORIDA Clerk ( SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO F~l,~ LEGALITY this 15- day of JJ'ro~r , 1996. ::~EY p;::ir t/YJb) City Attorney APPROVED BY THE CITY OF OCOEE COMMISSIOM AT A MEETING HELD ON CJc.h>~~ I r , 1996 UNDER AGENDA ITEM NO. V A , C:IWP51IDOCSIOCOEIRES96.28 i 10/10/961 DEBBIEH I PER:dh 2 RESOLUTION mn~BER 90- Ofi 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 commi.ssion; 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 progra~ as modified by those recommendations and as further modified by the City Commission at said public hearing; and WHEREAS, the City Commission desires to documer.t in this Resolution the eligibility requirements, application procedure, benefits and duration of its senior program in order to ~emorialize the program and avoid any public con!usion 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. rl. ADOPTED this ~ day of August, 1990. CITY OF OCOEE, FLORIDA Attest: Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FO~~ AND ~EGALITY this J- day of I-v~i,,<.,r , 1990'. APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON ttQ6"" 7 , 1990 UNDER AGENDA ITEM NO. V F FOLEY , LARDNER, VAN DEN BERG, GAY, BURKE, WILSON and ARKIN By: rI _ U;.JJ/ '.'" ~ J)) fl/ ' \ /, I f) .) " V'.G~ , Esquire City Attorney FLOPPY/4758o(4) 01 (07/30/90) EXHIBIT nAn TO RESOLUTION NO. 90- Ob CITY OF OCOEE SENIOR PROGRAM I. ELIGIBILITY REQUIREMENTS: In order to be eligible to receive benefits under the city of Qcoee 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 re~lirs- 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 City Finance Director, under penalty of perjury, stating that the applicant meets all of the eligibility require- 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 PROG~~ BENEFIT~: 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 TII(l) (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)