HomeMy WebLinkAboutResolution 91-24
.
RESOLUTION NO. 91. :l,.y
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA
DECLARING ITS INTENT TO UTILIZE THE UNIFORM
METHOD FOR THE LEVY, COLLECTION, AND
ENFORCEMENT OF NON-AD VALOREM ASSESSKBHTS FOR
THE CONNECTION OF CERTAIN RESIDENTS AND
COKKERCIAL PROPERTIES TO THE CITY OF acOEE
MUNICIPAL WASTEWATER COLLECTION AND TREATMENT
SYSTEM AS PROVIDED FOR IN SECTION 197.3632,
FLORIDA STATUTES.
WHEREAS, the City of Ocoee, Florida (the "city"), owns
and operates a wastewater collection and treatment system ("the
City System"); and
WHEREAS, on or about October 10, 1988, Michael Minton
gave notice to Orange County, Florida (the "County"), pursuant to
section 367.165, Florida Statutes, of the abandonment of the M&M
utility Sewer system (the "M&M System"), including the real
property owned by Michael Minton and used in connection therewith.
The County, pursuant to section 367.165, Florida Statutes
petitioned the Circuit Court of the Ninth Judicial Circuit in and
for Orange county, Florida (the "Circuit court"), for the
appointment of a receiver to operate the M&M System (the
"Receiver"); and
(- , WHEREAS, on March 1, 1989, the Circuit Court appointed
Southern States utilities, Inc. as Receiver; and
WHEREAS, after being granted its motion to intervene,
the City entered into that certain stipulation with the Receiver
(the "Stipulation"); and
WHEREAS, the County, the Receiver, the Florida Public
Service commission and the City determined that connection of the
customers serviced by the M&M System to the City System was the
most environmentally and economically sound method of continuing to
provide wastewater services to the present and future customers of
the M&M System; and
WHEREAS, as part of the Stipulation, the City agreed to
connect the current customers of the M&M System to the City System
and to reimburse the Recei ver for certain costs incurred in
connection with its operation of the M&M System; and
.
WHEREAS, on December 13, 1990, the Circuit Court granted
an order approving the stipulation and transferring certain real
property to the City, which order was amended on May 12, 1991 (the
"Order"); and
\.-
J
.
(
.
WHEREAS, on August 6, 1991, the City commission of the
City of Ocoee accepted that certain quit claim deed from Land
Investment Agency, Inc. conveying the retention ponds used in
connection with the M&M System to the City, which conveyance was
required by the Florida Public Service Commission pursuant to
actions taken by said commission against the former owner and
operators of the M&M System; and
WHEREAS, the City does not have a mandatory connection
ordinance requiring all residents to connect to the city System,
but rather connects customers voluntarily and charges a fee for
connection to the city System, which fee is calculated on the basis
of an equivalent residential unit (ERU) (the "Capital Charge"); and
WHEREAS, certain bond covenants contained in the bonds
used to finance the City System prohibit the City from providing
free waste water collection and treatment services and from
connecting new customers to the City System without receipt of the
Capital Charge; and
WHEREAS, the City has agreed to connect certain
residential and commercial properties located within the corporate
limits of the City of Ocoee and formerly connected to the M&M
System (the "Additional Lands") to the City System in return for
the payment by the owners of the Additional Lands (the "New
Customers") of the appropriate Capital Charge based upon the
estimated ERU for the Additional Lands owned by each New Customer;
and
WHEREAS, the City has had the real property which was
conveyed to it pursuant to the Order and quitclaim deed (the
"Properties") appraised in order to determine the fair market value
of the Properties; and
WHEREAS, the Properties were formerly assets of the M&M
System and not the City System and therefore the fair market value
of the Properties must be credited against the Capital Charge
assessed each New Customer; and
WHEREAS, the City has determined that the capital Charge
for the New Customers may be paid to the City in ten equal annual
installments with interest at the rate of eight percent (8.0%) per
annum or, at the option of the New Customer, in one lump sum on or
before July 31, 1992; and
WHEREAS, the City has determined that the annual
collection by the City of the Capital Charge installments is
cumbersome, time consuming and unreliable; and
WHEREAS, section 197.3632, Florida Statutes, allows the
City to collect the Capital Charge by having the Orange County Tax
Collector place the same on the annual tax bill for each New
2
Customer as a non-ad valorem assessment; and
WHEREAS, by this Resolution, the City is declaring its
intent to utilize the above described method of collection as more
fully provided for in the Section 197.3632, Florida Statutes.
.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA THAT:
Section 1. AUTHORITY. 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
Chapters 166 and 197, Florida Statutes.
Section 2. RECITALS. The recitals to this Resolution
are true and correct and are incorporated herein by reference.
Section 3. STATEMENT OF INTENT: Pursuant to Section
197.3632, Florida Statutes, the City hereby declares its intent to
utilize the uniform method for the levy, collection, and
enforcement of non-ad valorem assessments for the collection of the
Capital Charge installments payable by the New Customers in
conjunction with the connection of the Additional Lands to the City
System.
)
Section 4. PROPERTY SUBJECT TO LEVY: All of the
Additional Lands, as more particularly described on the attached
Exhibit "A", which are connected to the M&M System on November 15,
1992, will be subject to the levy of the Capital Charge described
above.
Section 5. AMOUNT OF CONNECTION FEE: The Capital Charge
shall be Two Thousand Five Hundred Thirty Five and no/100 Dollars
($2,535.00) per ERU. Each New Customer has received a pro-rata
credit against the Capital Charge based upon the fair market value
of the Properties, the credit being equal to the total fair market
value of the Properties divided by the total ERU's of the
Additional Lands times the ERU's for each particular New Customer.
.
Section 6. PAYMENT OF LEVY: The Capital Charge levied
against each parcel of Additional Land may be paid in ten equal
annual installments plus interest at the rate of eight percent
(8.0%) per annum. Each New Customer shall also have the option of
avoiding interest charges by paying the Capital Charge in full on
or before July 31, 1992. For example, for New Customers with one
ERU the total annual payment if paid over ten years in equal
installments would be Two Hundred Seventy Three and 78/100 Dollars
($273.78) per year. This figure includes Two Hundred Fifty Three
and 50/100 Dollars ($253.50) in principal and Twenty and 28/100
Dollars ($20.28) in interest per year.
\- '
3
.
section 7. 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 hereof.
section 8. EFFECTIVE DATE: This resolution shall become
effective immediately upon passage and adoption.
THIS RESOLUTION WAS UNANIMOUSLY PASSED AND ADOPTED AT A
MEETING OF THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, on
the ICJ ~ day of NOI/~~ 1991.
- i...... .'.. >,"~~J>fJf t~3,,\;<
, ;-;,..;.",. "'~]J)~'
1~~Jl'~~#ANCE ONLY
, BY".J.~T:'l"(OFY'OCOEE.
AP>>a:evED AS TO fRP AND
LEGALITY THIS ~ DAY
OF November, 1991.
Clerk
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON UOVe-1f1M1L If, 1991
UNDER AGENDA ITEM NO. !ilL.
FOLEY , LARDNER
~{,~
city Attorney
By:
.
4
, ,
.
.
, ~
Exhibit "A" to Resolution No. 91 . 2.~
Lying in section 18-Township 22 South, Range 28 East,
the southwest one quarter (1/4) of the northeast one quarter (1/4)
and also,
that portion of the southeast one quarter (1/4) of the northwest
one quarter (1/4) lying southwesterly of Palm Drive
and also,
the east one half (1/2) of the northeast one quarter (1/4) of the
southwest one quarter (1/4) of the northwest one quarter (1/4)
and also,
the east 470 feet of the North 525 feet of the northeast one
quarter (1/4) of the southwest one quarter (1/4)
and also,
Lying in section 13-Township 22 South, Range 27 East,
the east one half (1/2) of the southeast one quarter (1/4) of the
northeast one quarter (1/4) of the northeast one quarter (1/4).
and also,
the east one half (1/2) of the northeast one quarter (1/4) of the
southwest one quarter (1/4)
WPSOA \OCOB\167B(8)
(08/02191)
5