HomeMy WebLinkAboutItem #14 Amend. #2 Onyx Waste Service Agreement
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AGENDA ITEM COVER SHEET
Contact Name:
Contact Number:
Bob Zaitooni
6003
Meeting ?:::# Mal q, 2006
Reviewed By:
Department Director:
City Manager:
~
Subject: Amendment #2 to the Agreement with Onyx Waste Service
Background Summary:
On~x Waste Services. Inc. had made a request for an early termination of their residential yard waste & bulky waste
Agreement with the City. On March 21. 2006. City Commission directed staff to pursue an amendment to the
residential yard waste & bulky waste with On~ x Waste Services. Inc. Therefore. pursuant to the City Commission' s
approval of the in-house residential curbside. staffhas prepared amendment #2 to the residential yard waste & bulky
waste Agreement with On~x Waste Services. Inc. The Amendment will provide for the early termination of the contract
and transition to an in-house service. address contractor default. and provide for mutual releases and cooperation
between the parties.
Issue:
Approve Amendment #2 to Agreement with On~x waste Services. Inc. for residential yard waste & bulky waste.
Recommendations
Staff recommends approving amendment #2 to the Agreement with Onyx Waste Services for the early termination and
the transition to an in-house operation for residential yard waste & bulky waste services.
Attachments:
Amendment #2 to the original agreement with Onyx Waste Services, Inc. and March 21,2006 Staff Report
Financial Impact:
City Commission has approved an increase in monthly customer rates from $16 to $19. As the routes are transitioned to
the City operation, the payments to the hauler are decreased accordingly.
Type of Item:
o
o
o
o
o
o
Public Hearing
Ordinance First Reading
Ordinance First Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's DeDt Use:
181 Consent Agenda
o Public Hearing
o Regular Agenda
~ Original Document/Contract Attached for Execution by City Clerk
o Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept
Reviewed by ( )
o N/A
o N/A
o N/A
City Manager
Robert Frank
Commissioners
Garv Hood. District 1
Scott Anderson, District 2
Rusty Johnson, District :3
,Joel F. Keller, District 4
l\Iavor
S. Scott Vandergrift
STAFF REPORT
TO:
The Honorable Mayor and City Commissioners
FROM:
Bob Zaitooni, Director of Public Works
DATE:
May 8, 2006
RE:
Amendment #2 to the Agreement with Onyx Waste Services, Inc.
ISSUE
Should the Honorable Mayor and City Commission approve amendment #2 to Agreement with
Onyx Waste Services, Inc. for residential yard waste & bulky waste?
BACKGROUNDIDISCUSSION
Onyx Waste Services, Inc. had made a request for an early termination of their residential yard
waste & bulky waste Agreement with the City. On March 21, 2006, City Commission directed
staff to pursue an amendment to the residential yard waste & bulky waste with Onyx Waste
Services, Inc.
Therefore, pursuant to the City Commission's approval of the in-house residential curbside, staff
has prepared amendment #2 to the residential yard waste & bulky waste Agreement with Onyx
Waste Services, Inc. The Amendment will provide for the early termination of the contract and
transition to an in-house service, address contractor default, and provide for mutual releases and
cooperation between the parties.
City Commission has approved an increase in monthly customer rates from $16 to $19. As the
routes are transitioned to the City operation, the payments to the hauler are decreased
accordingly.
RECOMMENDATION
Staff respectfully recommends the honorable Mayor and City Commission to approve
amendment #2 to the Agreement with Onyx Waste Services for residential yard waste & bulky
waste; and authorize the Mayor and City Clerk to execute amendment #2 to the Agreement.
AMENDMENT NO.2 TO
RESIDENTIAL YARD AND BULKY WASTE
COLLECTION AND DISPOSAL AGREEMENT
TillS AMENDMENT NO.2 TO RESIDENTIAL YARD AND BULKY
WASTE COLLECTION AND DISPOSAL AGREEMENT (this "Amendment") is made and
entered this day of , 2006 by and between the CITY OF
OCOEE, a Florida municipal corporation, (the "City") and ONYX WASTE SERVICES
SOUTHEAST, INC., (F/K/A ONYX WASTE SERVICES OF FLORIDA, INC.), a Florida
~()rn()r::lti()n (thp. "rontrllctor"t
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RECITALS
WHEREAS, City and Contractor entered into that certain Residential Yard and
Bulky Waste Collection and Disposal Agreement on August 30,2001 for the collection and disposal
of residential yard and bulky waste within the corporate limits of the City (the "Agreement"); and
WHEREAS, the Contractor has requested that the City agree to an early termination
of the Agreement; and
WHEREAS, the City has agreed to the request of the Contractor, subject to the
terms, conditions and limitations set forth herein; and
WHEREAS, City and Contractor desire to make other necessary amendments in
connection with the early termination of the Agreement.
NOW THEREFORE, in consideration of the mutual promises herein, and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto agree as follows:
Section 1.
by this reference.
Recitals. The above recitals are true and correct and are made a part hereof
Section 2. CaDitaUzed Terms. All capitalized terms used herein shall be as defmed in
the Agreement unless otherwise indicated or defined in this Amendment.
Section 3.
Term. Section 2 of the Agreement deleted in its entirety and replaced with
the following:
Section 2. TERM
The term of this Agreement shall be for the period beginning
September 4, 2001, and ending June 30" 2006.
11/l7 /05
ORLA_ 407934.1
~ .~6LOv -VlHO
Section 4. Default bv Contractor. Nothing contained herein shall be construed to
relieve the Contractor from the performance of its obligations under the Agreement prior to the
expiration of the term thereof. The City expressly reserves its rights to pursue all remedies
available under the terms of the Agreement in the event of a default by the Contractor.
Section 5. Cooperation. During the remaining term of this Agreement the Contractor
agrees to: (i) perform all of its obligations under the Agreement in accordance with the terms
thereof, and (ii) undertake all reasonable efforts to cooperate with the City in the transition to the
City of the services currently provided by the Contractor under the Agreement.
Section 6. Amendment. Except as amended hereby, the Agreement remains unchanged
and in full force and effect, and each of the parties hereto hereby ratifies and confIrmS the terms and
conditions of the Agreement. All references herein to the Agreement shall refer to the Agreement
as amended by this Amendment unless the text or context indicates otherwise. In the event of any
conflict between the Agreement and this Amendment it is agreed that this Amendment shall control.
Section 7. Counterparts. This Amendment may be executed in any number of
counterparts, each of which shall be deemed to be an original instrument, but all such counterparts
shall constitute one and the same instrument. Facsimile copies of this Amendment and any
signatures thereon shall for all purposes be considered as originals, provided that each of the parties
hereto delivers an executed counterpart original of this Amendment to the other party by overnight
courier within three (3) business days after the date of execution of the facsimile copy of this
Amendment.
[Signature Page Follows 1
ORLA_ 407934.1
IN WITNESS WHEREOF, the City and Contractor have caused this Amendment to be
duly executed as ofthe date and year first written above.
Signed, sealed and delivered
in the presence of:
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..............-......---_.......~---.......
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PrintName:&e:La Housfon
Signed, sealed and delivered
in the presence of:
Print Name:
Print Name:
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of
,2006.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_ 407934.1
CONTRACTOR:
ONYX WASTE SERVICES SOUTHEAST,
INC. (F/K/A ONYX WASTE SERVICES
OF FLORIDA, INC.), a Florida corporation
//I ~ / /I"J /J
By: /C/"7UU ~ ' /.,(/~
PrintName:leLJ.<1tP f.. TObe./fJ
Title:AA4'4V /)P17:
Executed on: .t' h% t'
I /
(NO CORPORATE SEAL)
CITY:
CITY OF OCOEE, FLORIDA,
a Florida municipal corporation
By:
S. Scott Vandergrift, Mayor
ATTEST:
Beth Eikenberry, City Clerk
Executed on:
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON ,2006
UNDER AGENDA ITEM NO.
Mayor
S. Scott Vandergrift
center of Good L .
~'o-e l~il]
. \. . (?
Commissioners
Gary Hood, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Joel F. Keller, District 4
City Manager
Robert Frank
STAFF REPORT
DATE:
TO:
FROM:
THROUGH:
SUBJECT:
May 10, 2006
The City of Ocoee CRA Board
J. Antonio Fabre, AICP, Senior Planner
Russ Wagner, AICP, Community Development Director
Ocoee CRA Community Redevelopment Plan
Comprehensive Plan Consistency Determination
ISSUE:
Should the CRA Board accept the Finding from the Planning and Zoning Commission that the
CRA Community Redevelopment Plan is consistent with the Ocoee Comprehensive Plan?
BACKGROUND:
The approval of "City of Ocoee Community Redevelopment Plan" follows the adoption of the
City of Ocoee Finding of Necessity Report for a Redevelopment Area, which describes a certain
area of the City as meeting the "blight" definition prescribed in the Community Redevelopment
Act. On September 21, 2004 the City Commission adopted a resolution finding a certain defined
area of the City of Ocoee as having conditions of blight.
This was the first key step to identify the redevelopment needs of a specific area within the
community. The Community Redevelopment Plan addresses these identified needs by
providing coordinated financing (via tax increments) and implementation strategies as well as
management and administration opportunities.
On March 21, 2006, the Orange County Board of County Commissioners unanimously
approved the CRA Resolution, and an Interlocal Agreement with the City of Ocoee delegating
authority to the City to create and manage a Community Redevelopment Agency (CRA).
On April 25, 2006, the CRA board received and reviewed the proposed Community
Redevelopment Plan and collectively agreed to forward the plan to the Planning and Zoning
Commission (Local Planning Agency) for review and a formal determination that it is consistent
with the City's Comprehensive Plan.
DISCUSSION: The Ocoee Community Redevelopment Plan is intended to serve as a
framework for guiding development and redevelopment within the Community Redevelopment
Area over the next 40 years. The purpose of the Redevelopment Plan is to document a strategy
for the Community Redevelopment Agency (CRA) to facilitate a comprehensive revitalization of
the designated redevelopment area.
May 16, 2006
City of Ocoee CRA Board
Page 2
The Community Redevelopment Plan provides a legal description and physical information on
the redevelopment area, identifies potential projects that can diminish or eradicate blighted
conditions, and establishes a legal framework for a series of specific programmatic policy
actions that advance these projects. Furthermore, the Plan provides for an economically
sustainable, accessible, and attractive mixed-use area that offers visitors and residents a high
quality local destination with a safe transportation network, pedestrian connections and public
space/recreation facilities in a manner that promotes a positive image for the City of Ocoee.
The CRA boundary, as described in the redevelopment plan, covers approximately 1,070 acres
located north and south of the State Road 50 commercial corridor. More specifically, the CRA
largely covers the same area as the previously approved State Road 50 Activity Center Special
Development Plan referenced in the City of Ocoee Comprehensive Plan and Land Development
Code.
More specifically, the redevelopment plan establishes objectives and initiatives for the
Community Redevelopment Plan. In general, the urban design initiatives presented in the Plan
abide by the overall goals, objectives and policies, including type, size, density, massing and
building height, as outlined in the City of Ocoee Comprehensive Plan and Land Development
Code. As redevelopment initiatives are implemented, the CRA will evaluate the impact of such
initiatives on the City's Comprehensive plan, existing/future land use and zoning. The CRA shall
initiate changes to the zoning code and future land use map amendments to address mixed and
multi-uses.
A financing analysis of the tax increment funding, capital improvements, operating budgets and
other funding sources are mentioned in the plan (pages 27-33). A detailed neighborhood impact
assessment is also provided in the Plan (page 34) as well as a substantial implementation plan
(pages 36-42). In many ways it is a comprehensive vision for what the CRA district can become.
These strategies will continue to be refined as they are implemented. Accordingly, the Ocoee
Community Redevelopment Plan may be modified in a manner consistent with Florida Statutes
163.361.
Staff has found that the Community Redevelopment Plan was specifically prepared to be
consistent with the adopted City of Ocoee Comprehensive Plan (please refer to pages 39-42 for
a corresponding list of City of Ocoee's Goals and Objectives). As a result, staff determined that
the proposed City of Ocoee Community Redevelopment Plan can, with certainty, be determined
to be consistent and complementary with the Comprehensive Plan.
PLANNING & ZONING COMMISSION (LPA): On May 9, 2006, the Planning and Zoning
Commission, acting as the Local Planning Agency, was given the task to review the proposed
Redevelopment Plan for consistency with the comprehensive plan. Staff presented the
Community Redevelopment Plan and reiterated that the Plan was specifically prepared to be
consistent with the adopted City of Ocoee Comprehensive Plan. City Staff and the City Attorney
answered numerous questions regarding impacts to the surrounding areas, annexation of
enclaves, the 40 year duration of the plan, public improvements, economic development issues,
public parking structures and tax increments.
The P&Z Commission also asked whether the plan took the FDOT widening of SR 50 into
consideration. The Community Director answered that the plan was not in conflict with the
widening but that a future overlay amendment would be needed to address the new impacts of
the SR 50 widening.
May 16, 2006
City of Ocoee CRA Board
Page 3
Discussion also ensued about how the actual mechanics of the CRA district work. The
Community Development Director stated that the ultimate goal was to encourage a more
urbanized streetscape. In addition, he described that if the CRA founds are utilized for public
infrastructure (water, sewer, etc.) that this,in turn, will encourage more private redevelopment.
After finishing its deliberations, the Planning & Zoning Commission voted unanimously to accept
staff recommendation and find the CRA Redevelopment Plan to be consistent with the City of
Ocoee Comprehensive Plan.
PLANNING & ZONING COMMISSION (LPA) FINDING:
The Planning and Zoning Commission (LPA) unanimously determined that the City of Ocoee
Community Redevelopment Plan is consistent with the Ocoee Comprehensive Plan and
forwards the Redevelopment Plan to the CRA Board for their further action.
Attachments: City of Ocoee Community Redevelopment Plan, Prepared by Herbert Halback, Inc. and
Real Estate Research Consultants, marked Draft and dated April, 2006.
O:\StaffReports\2006\SR06030 _ AF _ CRA _ RedevelopmentPlan _ CRA Board.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
RELATING TO COMMUNITY REDEVELOPMENT;
MAKING FINDINGS; APPROVING A COMMUNITY
REDEVELOPMENT PLAN; AUTHORIZING AND
DIRECTING THE AGENCY TO IMPLEMENT THE PLAN;
PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on September 21, 2004, the City Commission of the City of Ocoee, Florida
(the "City Commission") adopted a Resolution which found the existence of one or more
blighted areas in the corporate limits of the City ofOcoee (such area(s) referred to hereinafter as
the "Area"); and
WHEREAS, the City Commission enacted an ordinance, which created the Ocoee
Community Redevelopment Agency (the "Agency") and authorized and directed the Agency to
undertake community redevelopment pursuant to Part III, Chapter 163, Florida Statutes (2005)
(the "Redevelopment Act"); and
WHEREAS, in accordance with the Redevelopment Act, a plan for the redevelopment of
the Area has been prepared and reviewed in accordance with Redevelopment Act; and
WHEREAS, the Agency has considered the proposed redevelopment plan and has
recommended to the City Commission that the proposed plan be approved; and
WHEREAS, the City Commission has held a public hearing after notice to the public
and to each taxing authority as provided in the Redevelopment Act concerning the proposed
redevelopment plan;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISION OF THE
CITY OF OCOEE, FLORIDA:
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 Chapter 163, Florida Statutes (2005) and Part III, Chapter 163, Florida Statutes
(2005).
SECTION 2. Findin2;s. The City Commission does hereby find, after the public
hearing concerning the proposed redevelopment plan (the "Plan") a copy of which is attached
hereto as Exhibit "B", that the Plan:
(a) Conforms to the comprehensiye plan for the municipality under the Local
Government Comprehensive Planning and Land Development Regulation Act.
(b) Is sufficiently complete to indicate such land acquisition, demolition and removal of
structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried
out in the Area; zoning and planning changes, if any; land uses; maximum densities; and
building requirements.
(c) Provides for the development of affordable housing in the Area, or states the reasons
for not addressing the development of affordable housing in the Area.
SECTION 3. Additional Findin!!s. The City Commission does hereby find that with
respect to the Plan:
( a) A feasible method exists in the Plan for the location of families who will be displaced
from the community redevelopment area in decent, safe, and sanitary dwelling accommodations
within their means and without undue hardship to such families;
(b) The Plan conforms to the general plan of the municipality as a whole;
(c) The Plan giyes due consideration to the utilization of community policing
innovations, and to the proyision of adequate park and recreational areas and facilities that may
be desirable for neighborhood improvement, with special consideration for the health, safety, and
welfare of children residing in the general vicinity of the Area;
(d) The Plan will afford maximum opportunity, consistent with the sound needs of the
municipality as a whole, for the rehabilitation or redevelopment of the Area by private enterprise.
SECTION 4. Plan Implementation. The Agency is hereby authorized and
directed to proceed with the implementation of the Plan.
SECTION 5. 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
SECTION 6. Effective Date. This resolution shall become effectiye immediately upon
passage and adoption, provided, however, that the community redevelopment plan shall not take
effect until approved by the Orange County Board of County Commissioners as provided in that
certain Interlocal Agreement between the City of Ocoee and Orange County, Florida, pertaining
to community redevelopment in the City.
PASSED AND ADOPTED THIS
DAY OF _,2006.
APPROVED:
2
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA:
APPROVED AS FOR FORM AND LEGALITY
This _ day of , 2006.
FOLEY & LARDNER LLP
By:
City Attorney
CITY OF OCOEE, FLORIDA
s. Scott Vandergrift, Mayor
APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM NO.
3
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
ESTABLISHING A REDEVELOPMENT TRUST FUND;
PROVIDING FOR THE FUNDING OF A
REDEVELOPMENT TRUST FUND FOR COMMUNITY
REDEVELOPMENT WITHIN THE COMMUNITY
REDEVELOPMENT AREA; PROVIDING FOR
ADMINISTRATION OF THE REDEVELOPMENT TRUST
FUND; DETERMINING THE TAX INCREMENT TO BE
DEPOSITED IN THE REDEVELOPMENT TRUST FUND;
EST ABLISHING THE BASE YEAR FOR DETERMINING
ASSESSED VALUES OF PROPERTY IN THE
COMMUNITY REDEVELOPMENT AREA FOR TAX
INCREMENT PURPOSES; PROVIDING FOR THE
ANNUAL APPROPRIATION OF THE TAX INCREMENT
BY TAXING AUTHORITIES IN THE COMMUNITY
REDEVELOPMENT AREA; APPOINTING THE
GOVERNING BODY OF THE COMMUNITY
REDEVELOPMENT AGENCY AS THE TRUSTEES OF
THE REDEVELOPMENT TRUST FUND; EXEMPTING
CERTAIN SPECIAL DISTRICTS FROM THE ANNUAL
REQUIREMENT TO APPROPRIATE INCREMENT
REVENUES TO THE REDEVELOPMENT TRUST FUND
AND AUTHORIZING AND DIRECTING THE
PREPARATION OF AN INTERLOCAL AGREEMENT
IMPLEMENTING EACH SUCH EXEMPTION;
REPEALING INCONSISTENT ORDINANCES;PROVIDING
FOR SEVERABILITY; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, by Resolution adopted by the City Commission of the City of Ocoee,
Florida (the "City") on September 21, 2004, it was determined that one or more blighted areas
exist within the City of Ocoee, Florida, and that the rehabilitation, conservation or
redeyelopment, or a combination thereof, of such area is necessary in the interest of the public
health, safety, morals or welfare of the residents of the City of Ocoee; and
WHEREAS, by Ordinance No. 2006-007 enacted by the City Commission on
April 18, 2006, the City Commission created the Community Redevelopment Agency of the City
of Ocoee, Florida (the "Agency"); and
WHEREAS, by Resolution adopted by the City Commission on May 16, 2006,
the City Commission adopted a community redevelopment plan (the "Plan") for the community
redeyelopment area as fully described in that Resolution and in Exhibit "A" attached hereto and
made a part hereof (the "Community Redevelopment Area"); and
WHEREAS, in order to plan and implement community redevelopment within the
Community Redevelopment Area it is necessary that a redevelopment trust fund be established
and created for said area as provided in Section 163.387, Florida Statutes (2005) (the "Act"); and
WHEREAS, it is appropriate and reasonable for certain special taxing districts to
be exempted from the requirement to make an annual appropriation of "increment revenues" to
the redevelopment trust fund being created by this ordinance; and
WHEREAS, notice of the City Commission's intention to create a redevelopment
trust fund has been published in a local newspaper of general circulation and mailed to all
"taxing authorities" (as hereinafter defined) in accordance with Section 163.346, Florida Statutes
(2005);
NOW, THEREFORE, BE IT ENACTED 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 Ordinance pursuant to Article VIII of the Constitution of the State of Florida and
Chapters 163 and 166, Florida Statutes,
SECTION 2. There is hereby established and created, in accordance with the
provisions of the Act, a Community Redevelopment Trust Fund (the "Fund") for the Community
Redevelopment Area, which fund shall be utilized and expended for the purposes of and in
accordance with the Plan, including any amendments or modifications thereto, including any
"community redevelopment," as that term is defined in Section 163.340(9), Florida Statutes
(2005), under the Plan.
SECTION 3. The monies to be allocated to and deposited into the Fund shall be
used to finance "community redeyelopment" within the Area according to tax increment
revenues attributed to the Area, which shall be appropriated by the Agency. The Agency shall
utilize the funds and reyenues paid into and earned by the Fund for community redevelopment
purposes as provided in the Plan and as permitted by law. The Fund shall exist for the duration
of the "community redevelopment" undertaken by the Agency pursuant to the Plan to the extent
permitted by the Act as stated in the Plan. Monies shall be held in the Fund by the City, for and
on behalf of the Agency, and disbursed from the Fund as provided by the Agency.
SECTION 4. There shall be paid into the Fund each year by each of the "taxing
authorities," as that term is defined in Section 163.340(2), Florida Statutes (2005) except for
those special districts exempted from such requirement, levying ad valorem taxes within the
Community Redevelopment Area, a sum equal to ninety-five percent (95%) of the incremental
increase in ad valorem taxes levied each year by that taxing authority, as calculated in
accordance with Section 6 of this Ordinance and the Act, based on the base tax year established
in Section 5 of this Ordinance (such annual sum being hereinafter referred to as the "tax
increment").
SECTION 5. The most recent assessment roll used in connection with the
taxation of property prior to the effectiye date of this Ordinance shall be the preliminary
assessment roll of taxable real property In Orange County, Florida, prepared by the Property
Appraiser of Orange County, Florida, and certified pursuant to Section 193.122, Florida Statutes
(2005) reflecting valuation of real property for purposes of ad valorem taxation as of January I,
2005 (the "base year value"), and all deposits into the Fund shall be in the amount of tax
increment calculated as provided in Section 6 hereof based upon increases in valuation of taxable
real property from the base year value as reflected on the preliminary assessment roll of taxable
real property in the community redevelopment area in the City of Ocoee, Florida, prepared by
the Property Appraiser of Orange County, Florida, filed with the Department of Revenue
pursuant to Section 193.1142, Florida Statutes (2005).
SECTION 6 The tax increment shall be determined and appropriated annually
by each taxing authority, and shall be an amount equal to ninety-five percent (95%) of the
difference between:
(a) That amount of ad valorem taxes levied each year by all taxing
authorities on taxable real property located within the geographic boundaries of
the Community Redevelopment Area; and
(b) That amount of ad valorem taxes which would have been produced by
the rate upon which the tax is leyied each year by or for all taxing authorities,
upon the total of the assessed yalue of the taxable real property in the Community
Redevelopment Area as shown upon the assessment roll used in connection with
the taxation of such property by all taxing authorities, prior to the effective date of
this Ordinance.
SECTION 7. All taxing authorities shall annually appropriate to and cause to be
deposited in the Fund the tax increment determined pursuant to the Act and Section 5 of this
Ordinance at the beginning of each fiscal year thereof as provided in the Act. The obligation of
each taxing authority to annually appropriate the tax increment for deposit in the Fund shall
commence immediately upon the effective date of this Ordinance and continue to the extent
permitted by the Act so long as any indebtedness pledging "increment revenue" is to be paid and
so long as the Plan is in effect.
SECTION 8. The fund shall be established and maintained as a separate trust
fund by the Agency so that the Fund may be promptly and effectively administered and utilized
by the Agency expeditiously and without undue delay for its statutory purpose pursuant to the
Plan.
SECTION 9. The governing body of the Agency shall be the trustees of the Fund
and shall be responsible for the receipt, custody, disbursement, accountability, management,
investment and proper application of all monies paid into the Fund.
SECTION 10. Any and all ordinances or resolutions or parts of ordinances or
resolutions in conflict herewith are hereby repealed.
SECTION 11. If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance is for any reason held to be inyalid 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.
SECTION 12. The Clerk of the City of Ocoee, Florida, is hereby authorized and
directed to send a certified copy of this Ordinance to each of the taxing authorities and to the
Property Appraiser of Orange County, Florida.
SECTION 13. This Ordinance shall take effect immediately upon its passage
and adoption.
PASSED AND DULY ADOPTED this
day of
, 2006.
APPROVED:
ATTEST:
CITY OF OCOE E, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED ,2006
READ FIRST TIME , 2006
READ SECOND TIME AND ADOPTED
, 2006
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY,
this day of , 2006
FOLEY & LARDNER, LLP
BY:
CITY ATTORNEY