HomeMy WebLinkAbout2011-013 Tax Abatement Referendum RESOLUTION NO. 2011-013
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
CALLING A REFERENDUM ON AN ECONOMIC
DEVELOPMENT AD VALOREM TAX EXEMPTION TO BE
PLACED ON THE 2012 PRESIDENTIAL PREFERENCE
PRIMARY ELECTION BALLOT; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 196.1995, Florida Statutes authorizes municipalities to grant certain
economic development tax exemptions under Section 3, Article VII of the Florida Constitution if
the governing authority of the municipality votes to hold a referendum within its total
jurisdiction to determine whether it may grant such economic development ad valorem tax
exemptions; and
WHEREAS, the City Commission of the City of Ocoee, Florida (the "City
Commission ") desires to create incentives for new businesses to locate in the corporate limits of
the City of Ocoee and to facilitate the expansion of existing businesses in the City of Ocoee; and
WHEREAS, the City Commission desires to call a referendum pursuant to Section
196.1995, Florida Statutes (2010), as amended by Chapter 2011 -182, Laws of Florida, in order to
determine whether it should be granted the authority to exempt, for a period of time of up to ten
years, by ordinance up to 100% of the assessed value of all improvements to real property and of
all tangible personal property made by or for the use of a new business or up to 100% of the
assessed value of all added improvements to real property made to facilitate the expansion of an
existing business and the net increase in all tangible personal property acquired to facilitate such
expansion of an existing business.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
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, Chapter 166,
Florida Statutes., and Section 196.1995, Florida Statutes.
Section 2. Referendum Called. That a referendum is hereby called pursuant to Section
196.1995, Florida Statutes, and the Orange County Supervisor of Elections is hereby directed to
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present the proposed economic development tax exemption to the City of Ocoee electorate and
place the below - described ballot question on the Ballot of the 2012 Presidential Preference
Primary Election. The City Commission further authorizes the cost of such referendum as well
as the cost of communicating factual information regarding the exemption to the public, to the
extent permitted by Section 106.113, Florida Statutes, to be paid from the general funds of the
City and directs the City Manager and Director of Finance to prepare and effect such budget
transfers as may be necessary for that purpose.
Section 3. Ballot Title and Question. The substance of the title and measure on the ballot
shall read as follows:
Title:
AUTHORITY TO GRANT LIMITED PROPERTY TAX
EXEMPTIONS FOR QUALIFIED BUSINESSES THAT CREATE
NEW JOBS.
Question:
Shall the City Commission of the City of Ocoee be authorized to
grant, pursuant to Section 3, Article VII of the State Constitution,
property tax exemptions for new businesses and expansions of
existing businesses that are expected to create new, full -time jobs
in the City of Ocoee?
Yes - For authority to grant exemptions
No - Against authority to grant Exemptions
The ballot question shall also appear on the ballot in Spanish, and the city manager, the city
attorney, and the supervisor of elections are requested, authorized and directed to prepare or
obtain an accurate and appropriate Spanish translation of the above and to include it on the
ballots distributed to city voters.
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.
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Section S. Effective Date. This Resolution shall become effective immediately upon
passage and adoption.
PASSED AND ADOPTED this iS day of November, 2011.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
=BOA ' � l !.. I - /L bc„,24-
4 : +'nberry, _ C it y Clerk S. colt Vandergrift, Mayor
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM NO. t5
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this 1..c
, day of November 2011.
FOLEY LARDNER LLP
By:
4A,,k e 4-4,/
City Attorney
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