HomeMy WebLinkAboutResolution 2026-14 - Sewer-to-Septic Final Assessment ResolutionCITY OF OCOEE, FLORIDA
SEPTIC TO SEWER
FINAL ASSESSMENT RESOLUTION
ADOPTED SEPTEMBER 1, 2026
TABLE OF CONTENTS
SECTION1.
AUTHORITY .................................................................................... 2
SECTION 2.
PURPOSE AND DEFINITIONS .......................................................3
SECTION 3.
CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION ........3
SECTION 4.
APPROVAL OF ASSESSMENT ROLL ............................................3
SECTION 5.
IMPOSITION OF ASSESSMENTS ..................................................4
SECTION 6.
COLLECTION OF ASSESSMENTS ................................................5
SECTION 7.
APPLICATION OF ASSESSMENT PROCEEDS .............................6
SECTION 8.
EFFECT OF FINAL ASSESSMENT RESOLUTION ........................6
SECTION 9.
ASSESSMENT NOTICE .................................................................. 6
SECTION10.
CONFLICTS .................................................................................... 6
SECTION 11.
SEVERABILITY ............................................................................... 6
SECTION 12.
EFFECTIVE DATE .......................................................................... 7
APPENDIX A: PROOF OF PUBLICATION ......................................................... A-1
APPENDIX B: AFFIDAVIT OF MAILING ............................................................. B-1
APPENDIX C: FORM OF CERTIFICATE TO NON -AD VALOREM
ASSESSMENT ROLL .................................................................. C-1
RESOLUTION NO. 2026 -14
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OCOEE, FLORIDA, RELATING TO FUNDING
CONNECTION TO THE CITY'S SEWER EXPANSION
PROJECT; PROVIDING AUTHORITY, PURPOSE AND
DEFINITIONS; CONFIRMING THE INITIAL ASSESSMENT
RESOLUTION; IMPOSING THE ASSESSMENTS AND
APPROVING THE ASSESSMENT ROLL FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2026; PROVIDING FOR
COLLECTION OF THE ASSESSMENTS; PROVIDING FOR
APPLICATION OF ASSESSMENT PROCEEDS;
PROVIDING FOR EFFECT; DIRECTING THE FILING OF
AN ASSESSMENT NOTICE; PROVIDING FOR CONFLICTS
AND SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on July 7, 2026, the City Commission of the City of Ocoee, Florida
(the "Commission") adopted the Master Capital Project and Service Assessment
Ordinance (Ordinance No. 2026-10), as codified in Chapter 105 of the City of Ocoee
Codes of Ordinances (the "Ordinance") to provide for the creation of Assessment Areas
and authorize the imposition of special assessments to fund the construction of Local
Improvements and provision of essential services; and
WHEREAS, the City of Ocoee has obtained state grant funds to fully fund the
installation and construction of the Sewer Expansion Project to extend central City sewer
services to certain properties within the City that are currently being served by septic
systems; however, those state grants did not include funding to cover the costs of
connecting existing properties to the Sewer Expansion Project; and
WHEREAS, to assist property owners with the financial burden associated with
the costs to connect to the Sewer Expansion Project, on July 21, 2026 the Commission
adopted Resolution No. 2026-07 (the "Initial Assessment Resolution"), creating the
Assessment Area and describing the method of assessing the Capital Cost and Project
1
Cost to fund required connections to the City's Sewer Expansion Project against the real
property that will be specially benefited thereby, and directing preparation of the
preliminary Assessment Roll and provision of the notices required by the Ordinance; and
WHEREAS, pursuant to the provisions of the Ordinance, the Commission is
required to confirm or repeal the Initial Assessment Resolution, with such amendments
as the Commission deems appropriate, after hearing comments and receiving objections
of all interested parties; and
WHEREAS, the Assessment Roll has heretofore been filed with the office of the
City Manager, as required by the Ordinance; and
WHEREAS, as required by the terms of the Ordinance, notice of a public hearing
has been published and mailed to each property owner proposed to be assessed notifying
such property owner of the opportunity to be heard; the proof of publication and an
affidavit of mailing are attached hereto as Appendices A and B respectively; and
WHEREAS, a public hearing was held on September 1, 2026, and comments and
objections of all interested persons have been heard and considered as required by the
terms of the Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. AUTHORITY. This Resolution is adopted pursuant to the provisions
of the Ordinance; the Initial Assessment Resolution; the City of Ocoee Home Rule
Charter; Article VIII, Section 2, Florida Constitution; sections 166.021 and 166.041,
Florida Statutes, and other applicable provisions of law.
2
SECTION 2. PURPOSE AND DEFINITIONS.
(A) This Resolution is the Final Assessment Resolution as defined in the
Ordinance.
(B) Unless the context indicates otherwise, words importing the singular
number include the plural number, and vice versa; the terms "hereof," "hereby," "herein,"
"hereto," "hereunder" and similar terms refer to this Resolution; and the term "hereafter"
means after, and the term "heretofore" means before, the effective date of this Resolution.
Words of any gender include the correlative words of the other gender, unless the sense
indicates otherwise.
(C) All capitalized terms in this Resolution shall have the meanings defined in
the Ordinance and the Initial Assessment Resolution.
SECTION 3. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION. The
Initial Assessment Resolution is hereby confirmed and such terms and provisions are
incorporated herein by reference.
SECTION 4. APPROVAL OF ASSESSMENT ROLL.
(A) The Assessment Roll, a copy of which was present or available at the above
referenced public hearing through electronic media, on file with the City, and is
incorporated herein by reference, is hereby approved.
(B) The approved Assessment Roll includes those Tax Parcels of Assessed
Property that cannot be set forth in that Assessment Roll due to the provisions of Section
119.071(4), Florida Statutes, concerning exempt "home addresses."
3
SECTION 5. IMPOSITION OF ASSESSMENTS.
(A) The Tax Parcels included in the Assessment Roll are hereby found to be
specially benefited by connection to the Sewer Expansion Project in the amount of the
maximum annual Assessment set forth in the Assessment Roll.
(B) The methodology for computing the Assessments described in Article III of
the Initial Assessment Resolution is hereby approved and found to be a fair and
reasonable method of apportioning the Capital Cost and Project Cost among the
benefited properties.
(C) Annual Assessments computed in the manner described in the Initial
Assessment Resolution are hereby levied and imposed on all Tax Parcels included in the
Assessment Roll at the maximum annual assessment rate set forth in the Assessment
Roll for a period not to exceed 10 years with collection commencing in November 2026.
(D) Upon adoption of this Final Assessment Resolution:
(1) The Assessments shall constitute a lien against assessed property
equal in rank and dignity with the liens of all state, county, district or municipal
taxes and other non -ad valorem assessments. Except as otherwise provided by
law, such lien shall be superior in dignity to all other liens, titles and claims, until
the ad valorem tax bill for such year is otherwise paid in full pursuant to the Uniform
Assessment Collection Act. The lien shall be deemed perfected upon adoption by
the Commission of this Final Assessment Resolution and shall attach to the
property included on the Assessment Roll as of the prior January 1, the lien date
for ad valorem taxes.
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(2) As to any Tax Parcel that is to be acquired or otherwise transferred
to an entity for which Assessments cannot be collected pursuant to the Uniform
Assessment Collection Act through condemnation, negotiated sale or otherwise
prior to adoption of the next Annual Rate Resolution, the Adjusted Prepayment
Amount shall constitute a lien against assessed property equal in rank and dignity
with the liens of all state, county, district or municipal taxes and other non -ad
valorem assessments to the extent permitted by law. Except as otherwise
provided by law, such lien shall be superior in dignity to all other liens, titles and
claims, until paid. The lien shall be deemed perfected upon adoption by the
Commission of the Final Assessment Resolution and shall attach to the property
included on the Assessment Roll upon adoption of the Final Assessment
Resolution.
SECTION 6. COLLECTION OF ASSESSMENTS.
(A) The Assessments shall be collected pursuant to the Uniform Assessment
Collection Act as provided in Section 105-59 of the Ordinance.
(B) The Assessment Roll, as herein approved, together with the correction of
any errors or omissions as provided for in the Ordinance, shall be delivered to the Tax
Collector by September 15 for collection using the tax bill collection method commencing
in November 2026.
(C) The Assessment Roll, as delivered to the Tax Collector, shall be
accompanied by a Certificate to Non -Ad Valorem Assessment Roll substantially in the
form attached hereto as Appendix C.
5
SECTION 7. APPLICATION OF ASSESSMENT PROCEEDS. Proceeds from
the Assessments received during each Fiscal Year shall be applied by the City for
payment of the Collection Cost and payment of the Project Cost for connection to the
Water Main Replacement Project, including payment of interest and principal due.
SECTION 8. EFFECT OF FINAL ASSESSMENT RESOLUTION. The adoption
of this Final Assessment Resolution shall be the final adjudication of the issues presented
herein and in the Initial Assessment Resolution (including, but not limited to, the method
by which the Assessments will be computed, the Assessment Roll, the maximum annual
Assessment, the levy and lien of the Assessments and the terms for prepayment of the
Assessments) unless proper steps are initiated in a court of competent jurisdiction to
secure relief within 20 days from the date of Commission action on this Final Assessment
Resolution.
SECTION 9. ASSESSMENT NOTICE. The City Manager is hereby directed to
record this Resolution as notice of the Assessments in the Official Records Book in the
office of the Orange County Clerk of Courts. The preliminary Assessment Roll and each
annual Assessment Roll shall be retained by the City Manager and shall be available for
public inspection.
SECTION 10. CONFLICTS. This Final Assessment Resolution shall prevail in the
event of any conflicts with any other resolution of the City of Ocoee.
SECTION 11. SEVERABILITY. In the event any portion of this Final Assessment
Resolution is deemed invalid by any court of competent jurisdiction, the invalid portion
shall be considered severed, and the remainder of this Final Assessment Resolution shall
continue in effect.
lhwi� ms�
Melanie Sibbitt, MMC, City Clerk
mm
•Z IN: 4 to] 111
FISH CFI DOMINICK
By.
Richard S. Geller, City Attorney
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty --- on, Mayor
0
APPENDIX A
PROOF OF PUBLICATION
Published Daily In
Orange, Seminole, Lake, Osceola & Vohrsia Counties, Florida
Sold To:
City of Ocoee - 104558
1 North Bluford Avenue
OCOEE, FL 34761-2258
Bill To•
City of Ocoee - 104558
1 North Bluford Avenue
OCOEE, FL 34761-2258
State Of Florida
County Of Orange
Before the undersigned authority personally appeared Rose Williams, who on oath says that he or she is a duly authorized representative of the ORLANDO
SENTINEL, aDAILY newspaper published in Orange/Seminole-Lake-Osceola-Volusia County, Florida; that the attached copy of advertisement, being a Legal
Notice in:
The matter of Septic -to -Sewer Special Assessment Was published in said newspaper by print in the issues of, or by publication on the newspapers website, if
authorized on 9 Aug 2026.
Affiant further says that the newspaper complies with all legal requirements for publication in Chapter 50, Florida Statutes.
t
Rose W1IUams
Signature ofAffiant Name ofAffiant
Sworn to and subscribed before me on 10 Aug 2026,
by above Affiant, who is personally known to me (X) or who has produced identification O.
Signature ofNotaty Public
tiO4#ty PVW14 Stft$ of Fps
Leenns Rollins
My-coMniilsfoa HM SGQ4#1
�lt�r�ie _+►t�»���
Name ofblotary, Typed, Printed, or Stamped
U4880
Page t of 2
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF
SPECIAL ASSESSMENTS
r
I
I� 11
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Notin is hereby gran that tie City Commission of the City of Occee, Fforda, vall conduct a public
hearing to consider aeati7n of the .-&apt;:-to&wof AssesmentArea f `Asasment Area'), as shown abov, ,
and to impose special non -ad vaiarem assesments against cart" parcels of property located tieren. The
hearing vrig be held at 6:15 NA., at as snon thereafter as the matter can be heard, an September 1, 2026, in the
City Commissxin Chambers, I N. Biufdrd Avenue, Ocoee, Florida for the purpose of rcoeiving pfnblc comment
on the proposed assessment area, the assessments and iznlr coliecten on the tax bill- In accordance with me
Americans with Disabilities Art, persons reading a special amommodawn or an a brpreter to partcytate n
this praeaedxng should contact the City at (407) 935.3105 at east limy -might (48) hours prior to the data of
the hearing. All affected pra"M owners have a right to app ar at the hearing and to file writen ob)e torts
with the City Commsstan whin 20 days of this notice. If a person wishes b atpeai any decision made by tie
CT; Commission tittle respect m any matter considered at the hearing, such person will need a record of Me
proceedings and may need to ensure that a verbatim record is made, including the trstmany and evidence
upon which the aWallsmbemale.
The City seeks to davahp a cost-effective central sewerprogram with tie intentof reducing the lmpact
of pdhhtants an the natural environment and preserving groundwater quality. The City obtained a grant m
fund the construction mats for correction m City seller and abandanmeri of saptc tanks. but the grant did
not recede funding to cover the required server connection capital fee. To ass6st property owners with the
financial burden associated with The costs to connect to the server expansion prgect, the Assesnaents have
bean proposed to fund to costs of connecten b tie City's server e;fianson proectand rented enq>urisms that
will provide the properties within the proposed Assesmmnt Area vwth central wastewater mtectan servi es.
The ass ssmeot for each parcel of property will ba based upon the number of EAUs"an me parceL Each
tax parcel will bid assgned these assessment units in accordance will tie C,ty's standard utility polices
and procedhres,
A more spacfic desa!ption is set forth in the trhital Assessment flesofutiat adopted by the City
Commission on Jett 21, 2026.Coples of Via h [ alAssmssment Rtsoluton and the preliminary assessment rail
are avaitade for nspectin at Office of me City Clark located at 1 N. Bmfard Avenue, Omee,Ferida.
The annual assessment will include each property§ share of the canmectaii costs, himrest, collection
costs, ad minstratws costs, and the amount Florida taw requires the City to discount receiDm far its annual
budgel.Tte proposed maxtnxim annual assewmerit is 9223.76par FJh1,The City Commsson mteands tocdiect
the assessments in ten (to) annual assesments,the firstof vAirn wieba included on the ad valorem cox billto
be ion Pled in November 2026. Future annual assessments may tie prepaid d alsawad by the Cdy.
IN assessments wig be coltacted on the ad vaWeal tax bill, as au@iar¢ed by Sector 137.3632, Ftarda
Statutes. Fallnre to pay me assessments will case a tax certificate to 6 issued against the property igtnch may
resuttn atonsof bite. ticks prapor s[e� are alitl-3td all a courtof cdnnpamnt;uredict;an to secure relMtvrlthn
20 days from the dam of City Comm isslon actan at me above hearing (nch.,dng the memod of a;apartiannmm,
the rate of asmsnant, and tie impos:ton of assessments), such action small tie the final adiadlcaWrl of the
Issues presented,
If you have any questlans, p'aase contact the City Nrx at (40T) 905.3105, Minday through
Friday between 8:00 am,and 5.00 p.m.
CITY CoMbISSION
CITY OF OCOM FLORIOA
114880
Page 2 of 2
AFFIDAVIT OF MAILING
BEFORE ME, the undersigned authority, personally appeared Craig Shadrix, who,
after being duly sworn, deposes and says:
1. Craig Shadrix, as the City Manager of the City of Ocoee, Florida ("City"),
pursuant to the authority and direction received from the City Commission, timely directed
the preparation of the Assessment Roll and the preparation, mailing, and publication of
notices in accordance with Chapter 105 of the City of Ocoee Code of Ordinances (the
"Ordinance") and in conformance with the Initial Assessment Resolution (Resolution No.
2026-07) adopted by the City Commission on July 21, 2026 (the "Initial Assessment
Resolution")
2. 1 have caused or directed the notices required by the Ordinance to be
prepared in conformance with the Initial Assessment Resolution. An exemplary form of
such notice is attached hereto. I have caused such individual notices for each affected
property owner to be prepared and each notice included the following information: the
purpose of the assessment; the total amount proposed to be levied against each parcel;
the unit of measurement to be applied against each parcel to determine the assessment;
the number of such units contained within each parcel; the total revenue the City expects
to collect by the assessment; a statement that failure to pay the assessment will cause a
tax certificate to be issued against the property which may result in a loss of title; a
statement that all affected property owners have a right to appear at the hearing and to
file written objections with the local governing board within 20 days of the notice; and the
date, time, and place of the hearing.
3. On or before August 11, 2026, Mr. Shadrix caused or directed the mailing
of the above -referenced notices in accordance with the Ordinance and the Initial
Assessment Resolution by First Class Mail to each affected owner, at the addresses then
shown on the real property assessment tax roll database maintained by the Orange
County Property Appraiser for the purpose of the collection of ad valorem taxes.
4. For Tax Parcels with exempt "home addresses" pursuant to Section
119.071(4), Florida Statutes, the City worked with the Property Appraiser and/or Tax
Collector for provision of notice.
FURTHER AFFIANTS SAYETH NC
STATE OF FLORIDA
COUNTY OF ORANGE
The ff7egoing Affidavit of Mailing was sworn to and subscribed before me, by
means of 0 physical presence or ❑ online notarization, this A- day of n 1` ,
2026 by Craig Shadrix, City Manager, City of Ocoee, Florida. He is personaly known to
me or has produced as identification and did take an oath.
Printed Name: �,to!,,j 10L &A/A
Notary Public,
y ivy,
�EQUITACOWAN State of Florida At Large
Notary Public • 74
State of Florida
r�d�� Comm
Ne Mar 4' 2029 0� "I
{,?q,fl.•' Mycamm, a My Commission Expires:, w,.
Commission No.: 0 (ice
I1Va
APPENDIX C
FORM OF CERTIFICATE TO
NON -AD VALOREM ASSESSMENT ROLL
CERTIFICATE
TO
a ALaV Et
MayorI HEREBY CERTIFY that, I am the of of #^Florida
as such I have satisfied myself that all property included or includable on the non -a
valorem assessment roll for Septic -to -Sewer Assessment Area (the "Non -Ad Valore
Assessment Roll") for the City is properly assessed so far as I have been able to
ascertain; and that all required extensions on the above described roll to show the n itl
r# valorem assessments attributable to a property listed
i therein
r have
a been
ea LL
pursuant to law,
!
IN WITNESS WHEREOF, I have subscribed this certificate and directed the samM
to be delivered * the Orange County Tax Collector and made part of .#! A it •r#
Non -Ad Valorem Assessment Roll this _L4_ day of Septembe , 2026i
By.
Mayor
• r •. ,• • • • • • .• ,�
W
x DR-408A
la
N.02/91
FLORIDA
_CERTIFICATE
VALOREM ASSESSMENT ROLL
1, the undersigned,hereby certify" chairman of it i or i -i
.i-locatedCounty,
Florida-, as such, I have satisfied myself that all property included or includable on the
Non -Ad Valorem Assessment Roll for the aforesaid county is properly assessed so
as I have b.. .i' to ascertain; and that all required extensionson above
described roll to showthe non -ad valorem assessments i # to the property
listed therein have been made pursuant to law. I
In witness whereof, l have subscribed this certificate and caused the same to be
attached to and made a part of the above described Non -Ad Valorem Assessment Roll
this the day of guau
year
Ncl% /, :, County, Florida
City of Ocoee FY 26/27
Septic -To -Sewer Assessment Properties
'. ®
17-22-28-6144-04-393
Ito
1 E Columbus St
17-22-28-6144-03-491
12 Floral St
17-22-28-6144-02-055
126 N Bluford Ave
18-22-28-4100-00-152
325 N Cumberland Ave
18-22-28-4100-00-153
327 N Cumberland Ave
17-22-28-6144-04-433
650 S Bluford Ave
17-22-28-6144-03-430
102 S Cumberland Ave
18-22-28-0744-00-070
117 S Cumberland Ave
17-22-28-6144-03-302
14 S Cumberland Ave
17-22-28-6144-03-450
17 Sills Aly
17-22-28-6144-03-460
5 Sills Aly
17-22-28-6144-03-340
116 W McKey St
17-22-28-6144-03-160
123 W McKey St
17-22-28-6144-03-273
14 W McKey St
17-22-28-6144-03-470
2 W McKey St
17-22-28-6144-03-280
26 W McKey St
17-22-28-6144-03-271
6 W McKey St
17-22-28-2873-00-030
109 W Oakland Ave
17-22-28-6144-03-050
18 W Oakland Ave