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CITY OF OCOEE, FLORIDA
FINAL ASSESSMENT RESOLUTION
ADOPTED SEPTEMBER 5, 2013
TABLE OF CONTENTS
$35.00 rate
Page
SECTION 1.
AUTHORITY ..................................................... ..............................2
SECTION 2.
DEFINITIONS AND INTERPRETATION .......... ...............................
2
SECTION 3.
IMPOSITION OF FIRE PROTECTION ASSESSMENTS ................
3
SECTION 4.
CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION........
5
SECTION 5.
EFFECT OF ADOPTION OF RESOLUTION ... ...............................
5
SECTION 6.
SEVERABILITY ................................................ ...............................
5
SECTION 7.
EFFECTIVE DATE ........................................... ...............................
5
APPENDIX A:
AFFIDAVIT REGARDING NOTICE MAILED
TO PROPERTY OWNERS .............................. ............................A
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APPENDIX B:
PROOF OF PUBLICATION ............................. ............................B
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APPENDIX C:
FORM OF CERTIFICATE OF NON -AD VALOREM
ASSESSMENT ROLL .................................. ...............................
C -1
RESOLUTION NO. 2013 -012
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OCOEE, FLORIDA, RELATING TO THE PROVISION OF
FIRE PROTECTION SERVICES, FACILITIES AND
PROGRAMS THROUGHOUT THE CITY OF OCOEE;
IMPOSING FIRE PROTECTION ASSESSMENTS AGAINST
ASSESSED PROPERTY LOCATED WITHIN THE CITY OF
OCOEE FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
2013; APPROVING THE ASSESSMENT ROLL; PROVIDING
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
$35.00 rate
WHEREAS, the City Commission of the City of Ocoee, Florida, has enacted
Ordinance No. 2013 -010 (the "Ordinance "), which authorizes the imposition of Fire
Protection Assessments for fire protection services, facilities, and programs against
Assessed Property located within the City;
WHEREAS, the imposition of a Fire Protection Assessment for fire protection
services, facilities, and programs each fiscal year is an equitable and efficient method of
allocating and apportioning Fire Protection Assessed Costs among parcels of Assessed
Property;
WHEREAS, the Commission has adopted an apportionment methodology for its Fire
Protection Assessment program and now desires to impose an annual fire protection
assessment program within the City of Ocoee using the procedures provided by the
Ordinance, including the tax bill collection method for the Fiscal Year beginning on October
1, 2013;
WHEREAS, the Commission, on August 6, 2013, adopted Resolution No. 2013 -010
(the "Initial Assessment Resolution ");
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WHEREAS, pursuant to 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 objections of all interested parties;
WHEREAS, the Assessment Roll has heretofore been made available for inspection
by the public, as required by the Ordinance;
WHEREAS, notice of a public hearing has been published and mailed, if required by
the terms of the Ordinance, which provides notice to all interested persons of an
opportunity to be heard; an affidavit regarding the form of notice mailed being attached
hereto as Appendix A and the proof of publication being attached hereto as Appendix B;
WHEREAS, a public hearing was held on September 5, 2013, and comments and
objections of all interested persons were heard and considered as required by the terms of
the Ordinance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF CITY OF
OCOEE, FLORIDA:
SECTION 1. AUTHORITY. This resolution is adopted pursuant to the Fire
Protection Assessment Ordinance, Ordinance No. 2013 -010 (the "Ordinance "); Resolution
No. 2013 -010 (the "Initial Assessment Resolution "), the City of Ocoee Home Rule Charter,
Article VIII, Section 2 of the Florida Constitution; sections 166.021 and 166.041, Florida
Statutes; and other applicable provisions of law.
SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution constitutes
the Final Assessment Resolution as defined in the Ordinance. All capitalized terms in this
resolution shall have the meanings defined in the Ordinance and the Initial Assessment
Resolution.
K
SECTION 3. IMPOSITION OF FIRE PROTECTION ASSESSMENTS.
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(A) The parcels of Assessed Property described in the Assessment Roll which is
hereby approved, are hereby found to be specially benefited by the provision of the fire
protection services, facilities, and programs described or referenced in the Initial
Assessment Resolution in the amount of the Fire Protection Assessment set forth in the
Assessment Roll, a copy of which was present or available for inspection at the above
referenced public hearing and is incorporated herein by reference.
(B) It is hereby ascertained, determined and declared that each parcel of
Assessed Property within the City will be specially benefitted by the City's provision of fire
protection services, facilities, and programs in an amount not less than the Fire Protection
Assessment for such parcel, computed in the manner set forth in the Initial Assessment
Resolution.
(C) Adoption of this Final Assessment Resolution constitutes a legislative
determination that all parcels of Assessed Property derive a special benefit, as set forth in
the Ordinance and the Initial Assessment Resolution, from the fire protection services,
facilities, or programs to be provided and a legislative determination that the Fire Protection
Assessments are fairly and reasonably apportioned among the properties that receive the
special benefit as set forth in the Initial Assessment Resolution.
(D) The method for computing Fire Protection Assessments described and
referenced in the Initial Assessment Resolution is hereby approved.
(E) For the Fiscal Year beginning October 1, 2013, the updated Fire Protection
Assessed Cost to be assessed and apportioned is estimated to be $875,513.00. The
assessment rate to be assessed against benefitted property to generate the Fire Protection
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$35.00 rate
Assessed Cost for the Fiscal Year beginning October 1, 2013, is hereby established as
$35.00 per Net Fire Protection Unit.
(F) The above rate of assessment is hereby approved. Except as otherwise
provided herein, Fire Protection Assessments for fire protection services, facilities, and
programs in the amounts set forth in the updated Assessment Roll, as herein approved, are
hereby levied and imposed on all parcels of Assessed Property described in such
Assessment Roll for the Fiscal Year beginning October 1, 2013.
(G) No Fire Protection Assessment shall be imposed upon a parcel of
Government Property or upon a Building categorized as Institutional Property whose
Building use is wholly exempt from taxation under Florida law, as determined by the
Property Appraiser; however, Government Property that is owned by federal mortgage
entities, such as the VA and HUD, shall not be exempted from the Fire Protection
Assessment. Any shortfall in the expected Fire Protection Assessment proceeds due to
any reduction or exemption from payment of the Fire Protection Assessments required by
law or authorized by the City Commission shall be supplemented by any legally available
funds, or combination of such funds, and shall not be paid for by proceeds or funds derived
from the Fire Rescue Assessments.
(H) As authorized in the Ordinance, interim Fire Protection Assessments are also
levied and imposed against all property for which a Certificate of Occupancy is issued after
adoption of this Final Assessment Resolution based upon the rates of assessment
approved herein.
(1) Fire Protection Assessments shall constitute a lien upon the Assessed
Property so assessed equal in rank and dignity with the liens of all state, county, district or
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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 paid.
(J) 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
for collection using the tax bill collection method in the manner prescribed by the
Ordinance. The Assessment Roll, as delivered to the Tax Collector, shall be accompanied
by a Certificate to Non -Ad Valorem Assessment Roll in substantially the form attached
hereto as Appendix C.
SECTION 4. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION. The
Initial Assessment Resolution is hereby confirmed.
SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this
Final Assessment Resolution shall be the final adjudication of the issues presented
(including, but not limited to, the determination of special benefit and fair apportionment to
the Assessed Property, the method of apportionment and assessment, the rate of
assessment, the Assessment Roll and the levy and lien of the Fire Protection
Assessments), unless proper steps shall be initiated in a court of competent jurisdiction to
secure relief within 20 days from the date of this Final Assessment Resolution.
SECTION 6. SEVERABILITY. If any clause, section or other part of this resolution
shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part shall be considered as eliminated and in no way effecting the
validity of the other provisions of this resolution.
SECTION 7. EFFECTIVE DATE. This Final Assessment Resolution shall take
effect immediately upon its passage and adoption.
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PASSED AND ADOPTED this 5th day of September, 2013.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
on this day of , 2013
SHUFFIELD, LOWMAN & WILSON P.A.
By:
Scott Cookson, City Attorney
$35.00 rate
S. Scott Vandergrift, Mayor
DATE:
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
1 2013,
UNDER AGENDA ITEM NO.
9
APPENDIX A
AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS
AFFIDAVIT OF MAILING
BEFORE ME, the undersigned authority, personally appeared Robert D. Frank,
Sandi Melgarejo, and Charity Moore, who, after being duly sworn, depose and say
1 . Robert D. Frank, as City Manager of the City of Ocoee, Florida (the "City "),
pursuant to the authority and direction received from the City Commissioners, timely
directed the preparation of the Assessment Roll and the preparation, mailing, and
publication of notices in accordance with the Ordinance No. 2013 -010 adopted by the
Commission on August 6, 2013 (the "Ordinance ") in conformance with the Initial
Assessment Resolution adopted by the City Commission on August 6, 2013 (the "Initial
Assessment Resolution ")
2 Sandi Melgarejo is Project Manager for GSG. GSG has caused the
notices required by Sections 2.05 of the Ordinance to be prepared in conformance with
the Initial Assessment Resolution. An exemplary form of such notice is attached hereto.
GSG has 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.
A -1
3. On or before August 15, 2013, GSG delivered and directed the mailing of
the above - referenced notices by Modern Mailers, Inc. ( "Modern Mailers "), in accordance
with Sections 2.05 of 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. Notices to property owners receiving
multiple individual notices were mailed, or caused to be mailed by GSG on or before
August 15, 2013.
4 Charity Moore is Production Manager of Modern Mailers. As directed
above. Modern Mailers, mailed or caused to be mailed on or before August 15, 2013
the above - referenced notices delivered to Modern Mailers by GSG.
FURTHER AFFIANTS SAYETH NOT.
Robert D. Frank, affiant
andi Melgarejo, affiant
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Charity Moore, affiant
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STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing Affidavit of Mailing was sworn to and subscribed before me this
_ day of ��- 2 013 by Robert D. Frank, City Manager, City of Ocoee,
Florida. He is'e^rs iinown to meor has produced as identification and
did take an oath. - --
." oyes GEQUITA CO WAN
wary Public • State of Florida
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STATE OF FLORIDA
COUNTY OF LEON
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OW+ The fore oing Affdavit of Mailing was sworn to and subscribed before me this
_ day of 2013 by Sandi Memel are o, Pro ect Manager, Government
Services Group, c., a Florida corporation. CShe is Dersonally known to me or has
produced as identification and did tak an oath. _
TAMMY PETERS
Printed Na e: rn I"S
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STATE OF FLORIDA
COUNTY OF LEON
The fore in Affid vit of Mailing was sworn to and subscribed before me this
day of _ 2013 by Charity Mo ction Manager, Modern
Mailers. Inc., a Flo a corporation. e is personal) known to me o has produced
as identification and did take an oath.
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Notary Public, State of FI h a
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The fore in Affid vit of Mailing was sworn to and subscribed before me this
day of _ 2013 by Charity Mo ction Manager, Modern
Mailers. Inc., a Flo a corporation. e is personal) known to me o has produced
as identification and did take an oath.
Printed NamU777UAl.rKUA
Notary Public, State of FI h a
TAMMY PETERS At Large
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City of Ocoee
150 N. Lakeshore Drive
Ocoee, FL 34761
CITY OF OCOEE, FLORIDA
NOTICE OF PUBLIC HEARING
TO IMPOSE AND PROVIDE FOR COLLECTION OF
FIRE PROTECTION NON -AD VALOREM ASSESSMENTS
NOTICE DATE: AUGUST 15, 2013
BLEVINS TONY RAY Tax Parcel #: 172228001900590
SMITH NICOLE TERESA LYNN Sequence #: 6710
851 LANCER CIR Legal: ADMIRAL POINTE 35/40 LOT
OCOEE FL 34761 -4314 59
* * * * * NOTICE TO PROPERTY OWNER * * * * *
As required by Section 197.3632, Florida Statutes, notice is given by the City of Ocoee that an annual assessment for fire protection services
using the tax bill collection method may be levied on your property for the fiscal year October 1, 2013 - September 30, 2014 and future fiscal
years. The purpose of this assessment is to fund fire protection services benefiting property located within the incorporated areas of the City
of Ocoee. The total annual Fire Protection Assessment revenue to be collected within the City of Ocoee is estimated to be $1,738,485. The
annual fire protection assessment is based on the classification of each building on each parcel of property and number of billing units
contained therein.
Type and Number of Billing Units Fiscal Year 2013 -14 Assessment
1 HAZARD CLASS 7 building at 3,100 -4,499 square feet at 2.43 Factored Fire Protection Units $168.89
Total Assessment: $168.89
The annual Fire Protection Assessment for the above parcel for Fiscal Year 2013 -14 and future fiscal years is $168.89.
A public hearing will be held at 6:00 p.m. on September 5, 2013, in the City Commission Chambers, City Hall, 150 N. Lakeshore Drive, Ocoee,
Florida for the purpose of receiving public comment on the proposed assessments. You and all other affected property owners have a right to
appear at the hearing and to file written objections with the City Commission within 20 days of this notice. If you decide to appeal any decision
made by the City Commission with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to
ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the
Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the
City Clerk's office at (407) 905 -3105, at least 48 hours prior to the date of the hearing.
Unless proper steps are initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission action at
the above hearing (including the method of apportionment, the rate of assessment and the imposition of assessments), such action shall be
the final adjudication of the issues presented.
Copies of the Fire Protection Assessment Ordinance, the Initial Assessment Resolution and the preliminary assessment roll are available for
inspection at the City Clerk's office, located at 150 N. Lakeshore Drive, Ocoee, Florida.
Both the fire protection service non -ad valorem assessment amount shown on this notice and the ad valorem taxes for the above parcel will be
collected on the ad valorem tax bill mailed in November. Failure to pay the assessments will cause a tax certificate to be issued against the
property which may result in a loss of title.
If there is a mistake on this notice, it will be corrected. Should you have any questions regarding the fire services special assessment please
contact the City Clerk's office at (407) 905 -3105, Monday through Friday between 8:00 a.m. and 5:00 p.m.
* * ** *THIS ISNOTABILL * * * **
/,1 »:Iki IQEl =3
PROOF OF PUBLICATION
633 North Orange Avenue
MP 132
Orlando, FL 32801
City of Ocoee
#CU00104366
To: Diana Turner
This is to confirm that the advertisement for City of Ocoee published in The Orlando Sentinel on the following date.
Publication Date: Thursday, August 08, 2013
Ad Caption: Fire Protection Assessment
Section: Zone — Orange
Size: 3 columns x 10.5"
Job: #1668211 -1
Should you need further information, please feel free to contact me
Sincerely,
Aracelis Crespo
Account Representative Assistant
The Orlando Sentinel
/mdu
State of Florida
County of Orange
The foregoing instrument was acknowledged before me this 9` day of August 2013, by Aracelis Crespo, who is personally
known to me.
°:�.. P:.. JULEE D. CLARK
Y MY COMMISSION Y EE 141771
• a€ EXPIRES: November 25, 2015 y
EaldedThru Notary Public UMciw hM
eciLLECTION OF FIRE
8 (,,1 `e L ASSESS
Notice is hereby given that the City Commission of the City of Ocoee, Florida
will conduct a public hearing to consider the imposition of annual fire protection
special assessments for the provision of tine protection services within the City and
collection of these assessments pursuant to the tax bill collection method.
The hearing will be held at 6:00 p.m. on September 5, 2013, in the City
Commission Chambers, 150 North Lakeshore Drive, Ocoee, Florida, for the
purpose of receiving public cornment on the proposed assessments. All affected
property owners have a right to appear at the hearing and to file wl ittcn objections
with the Ciiy within 20 days of this notice. If a person decides to appeal any
decision made by the City Commission with respect to any matter considered at
the hearing, such person will need a record of the proceedings and may need to
ensure that a verbatim record is made, including the testimony and evidence upon
which the appeal is to be made. In accordance wilh the Americans with Disabilities
Act, persons needing a special accommodation or an interpreter to participate in
this proceeding should call the City Clerle at (407)905 -3105, at least 48 hours prior
to the date of the hearing.
The assessment for each parcel of property will be based upon each parcel's
classification and the total number of fire protection units attributed to that parcel.
The proposed fire protection assessment rate schedule for the Fiscal year beginning
October 1, 2013 and future fiscal years is $69.50 per Net Fire Proteciion Unit.
Copies of the Fire Protection Assessment Ordinance, the Initial Assessment
Resolution for fire Protection Services and the preliminary Assessment Roll are
available for inspection in the City Clerk's office located at 150 North Lakeshore
Drive, Ocoee, Florida.
The Fire Protection service non -ad valorem assessment will be collected on the
annual ad valorem tax bill mailed in November of each year that the assessment
is imposed. Failure to pay the assessment will cause a tax certificate to be issued
against the property in accordance with the provisions of Florida law, which may
result in a loss of title.
Should you have any question regarding the fire services special assessment
please contact the City Clerk at (407)905 -3105 Monday through Friday between
8:00 a.m. and 5:00 p.m.
CITY COMMISSION
CITY OF OCOEE, FLORIDA
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CITY COMMISSION
CITY OF OCOEE, FLORIDA
Date PubHshed and G effla Name
Advefflsement or Arl'i e
APPENDIX C
FORM OF CERTIFICATE TO
NON -AD VALOREM ASSESSMENT ROLL
CERTIFICATE
TO
NON -AD VALOREM ASSESSMENT ROLL
I HEREBY CERTIFY that, I am the Mayor of the City of Ocoee, or authorized agent
of the City of Ocoee, Florida (the "City "); as such I have satisfied myself that all property
included or includable on the non -ad valorem assessment roll for fire protection services
(the "Non -Ad Valorem 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 non -ad valorem assessments attributable to the property listed therein have been made
pursuant to law.
I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection
Act, this certificate and the herein described Non -Ad Valorem Assessment Roll will be
delivered to the Orange County Tax Collector by September 15, 2013.
IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to
be delivered to the Orange County Tax Collector and made part of the above described
Non -Ad Valorem Assessment Roll this day of ) 2013.
THE CITY OF OCOEE, FLORIDA
Mayor
[to be delivered to Tax Collector prior to September 15]
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