HomeMy WebLinkAboutItem #07 Second Reading of Ordinance Proposing Amending Chapter 77, Fire Protection Assessments, in the Code of Ordinance of the City of OcoeeAGENDA ITEM COVER SHEET
Meeting Date: November 1, 2016
Item # i
Reviewed By.
Contact Name: Al Butler, Support Services Department Director:
Contact Number: 407-554-7063 City Manager:
Subject: Proposed amendment to Chapter 77, Fire Protection Assessments, in the Code of
Ordinance of the Citv of Ocoee — SECOND READING AND PUBLIC HEARING.
Background Summary:
The Ocoee City Commission originally enacted Ordinance 2013-010 to establish a Fire
Protection Assessment, which was codified as Chapter 77 of the City of Ocoee Code of
Ordinances. The intent of the assessment is to better allocate the cost of fire protection
services to the property owners of the city on the basis of fire risk and severity rather than
appraised value. After several years of experience, staff has developed a series of minor
adjustments to the Ordinance that simplify the annual adoption process while preserving citizen
input opportunities.
The primary modification offered by the attached ordinance is to reduce the number of City
Commission actions needed to complete the annual adoption process from two to one by
eliminating the Preliminary Rate Resolution. The revised approach matches that used to
impose other non -ad valorem assessments, such as those for stormwater management
services, by preserving the adoption of an annual assessment roll. The annual Preliminary Rate
Resolution has been replaced with a Revised Rate Resolution, which needs to be adopted only
when the City Commission wants to change either the Maximum Assessment Rate or the
Applied Assessment Rate. The current Maximum Assessment Rate of $69.50 will become the
Applied Assessment Rate and will remain in effect until changed by the City Commission's
adoption of a Revised Rate Resolution. This practice is also identical to that used by other non -
ad ,valorem assessments levied by the city. Notification to property owners by U.S. Mail is
required only when the Maximum Assessment Rate is to be changed.
Other changes include adjustments to various definitions, minor changes reflecting the new
terms, deletion of the exemptions and hardship assistance provisions (which were never
implemented), and endorsement of the governmental and institutional property exemptions in
the ordinance rather than through an annual resolution. The first reading was held on October
18, 2016, and the appropriate public notice of the second reading and public hearing was
published on Sunday, October 23, 2016.
Issue:
The city needs to modify existing City Code to reflect useful changes to Chapter 77, Fire
Protection Assessments.
Recommendations
Staff recommends the City Commission replace the existing language of Chapter 77 using the
proposed Ordinance. The various active resolutions that describe how to levy the Fire
Protection Assessment remain in effect and are not modified by the proposed Ordinance.
Attachment:
Proposed revised ordinance language, which would modify the current language of Chapter 77.
Financial Impact:
There is no financial impact from adopting the revised ordinance. Fire protection assessments
will continue to be calculated and levied in the current manner.
Type of Item: (please mark with an 'Y)
X Public Hearing For Clerk's Dent Use:
Ordinance First Reading Consent Agenda
X Ordinance Second Reading J( Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion & Direction
X Original Document/Contract Attached for Execution by City Clerk
Reviewed by City Clerk's Office
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by Dapa Qosby-Collier on 09/16/2016
2
N/A
N/A
N/A
CITY OF OCOEE, FLORIDA
ORDINANCE MODIFYING CHAPTER 77, FIRE PROTECTION ASSESSMENT
2016-
FIRST
016-
FIRST READING OCTOBER 18, 2016
SECOND READING NOVEMBER 1, 2016
ORDINANCE NO. 2016 -
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA
RELATING TO THE PROVISION OF FIRE PROTECTION SERVICES, FACILITIES, AND
PROGRAMS THROUGHOUT THE INCORPORATED AREAS OF OCOEE, FLORIDA;
MODIFYING ORDINANCE NO. 2013-010, AS CODIFIED IN CHAPTER 77 OF THE
CODE OF ORDINANCES OF THE CITY OF OCOEE; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA:
SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this
Ordinance pursuant to Article VIII, Section 2(b) of the Constitution of the State of Florida, Chapter 166,
Florida Statutes, and the powers of local self-government to perform municipal functions and to render
municipal services in a manner not inconsistent with law, and such power may be exercised by the
enactment of city ordinances.
SECTION 2. Purpose. The purpose of this Ordinance is to modify and refine the requirements of
Ordinance 2013-010, as codified in Chapter 77 of the Code of Ordinances of the City of Ocoee.
SECTION 3. Chapter 77, Article I, Section 77-1— Definitions is hereby modified by:
(a) Deleting the definition of Annual Rate Resolution.
(b) Adding a definition of Applied Assessment Rate, which should read, "'Applied Assessment
Rate' means the actual assessment rate adopted by the City Commission in the Final Assessment
Resolution or Revised Rate Resolution. The Applied Assessment Rate shall be less than or equal to the
Maximum Assessment Rate."
(c) Modifying the definition of Maximum Assessment Rate to read, "'Maximum Assessment
Rate' means the highest rate of Fire Protection Assessment established by the City Commissioner ,an
the WRa1 A«.,«...P.,+ ot;r..
�. ual Rate oes„l„+;AR. The Applied Assessment Rate may not be
p,reater than the Maximum Assessment Rate."
(d) Deleting the definition of Preliminary Rate Resolution.
(e) Adding a definition of Revised Rate Resolution, which should read, "'Revised Rate
Resolution' means the resolution described in 2.08 hereof, which shall modify the Maximum
Assessment Rate then in effect and may otherwise modify the imposition of the Fire Protection
Assessment in a manner not inconsistent with this Ordinance."
In all other respects, Section 77-1 shall remain unchanged.
SECTION 4. Delete Chapter 77, Article II, Section 77-12 — Annual Adoption Procedure in its
entirety and insert the following text:
77-12. —Annual Assessment Procedures.
A. Once the Final Assessment Resolution has been adopted by the City Commission, the
Maximum Assessment Rate and the Applied Assessment Rate shall remain in effect unless
modified by a subsequent Revised Rate Resolution, at which time the Maximum Assessment
Rate and Applied Assessment Rate shall become the values included in the Revised Rate
Resolution upon the effective date stated in that Resolution. If an explicit Applied
Assessment Rate is not adopted by the City Commission, the Maximum Assessment Rate
shall be used as the Applied Assessment Rate.
B. Once an Applied Assessment Rate is explicitly or implicitly adopted by resolution of the City
Commission, it shall remain in effect and the Fire Protection Assessment shall continue to be
annually levied upon Assessed Properties until such time as the City Commission shall adopt
a Revised Rate Resolution.
C. In preparation for levying the Fire Protection Assessment in the following Fiscal Year and as
part of the budget adoption process, the City Manager or his designee shall prepare a list of
parcels and buildings within the city and assign a hazard class and size tier to each building
so as to calculate the Fire Protection Assessment to be levied on each parcel at the Applied
Assessment Rate last established by the City Commission. The manner of calculating the
Fire Protection Assessment is established by resolution of the City Commission.
D. In the event the City Commission may consider setting the Maximum Assessment Rate
and/or the Applied Assessment Rate for the next fiscal year at a different value than that in
effect at the time, the City Commission shall be required to first adopt a Revised Rate
Resolution. If the proposal is to raise the Maximum Assessment Rate, the Revised Rate
Resolution may be adopted by the City Commission only after it conducts a public hearing
for which the notice requirements of Sections 77-8 and 77-9 shall apply.
E. The adoption of the Revised Rate 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 Maximum Assessment Rate; the Applied Assessment Rate; the Assessment Roll; and the
levy and lien of the Fire Protection Assessments) unless, within 20 days from the date of the
read:
City Commission action on the Revised Rate Resolution, proper steps shall be initiated in a
court of competent jurisdiction to secure relief. Nothing contained herein shall be
construed or interpreted to affect the finality of any Fire Protection Assessment not
challenged within the required 20 -day period for those Fire Protection Assessments
previously imposed against Assessed Property by the inclusion of said property on a prior
Assessment Roll endorsed by the City Commission.
F. The City Manager or his designee shall prepare a proposed Fire Protection Assessment non -
ad valorem Assessment Roll using the appropriate Applied Assessment Rate for
endorsement by a resolution of the City Commission. Once endorsed by the City
Commission, the Assessment Roll shall be the official statement of the city as to the Fire
Protection Assessment to be levied on each parcel.
SECTION S. Modify Chapter 77, Article II, Section 77-13 — Lien of Fire Protection Assessments to
77-13. — Lien of Fire Protection Assessments.
Upon the adoption of the Assessment Roll, all Fire Protection Assessments shall
constitute a lien against the Assessed Properties equal in rank and dignity with the liens
of all state, county, district, or municipal taxes and special assessments. Except as
otherwise provide by law, such lien shall be superior in dignity to all other prior liens,
mortgages, titles, and claims until paid. The lien for a Fire Protection Assessment shall
be deemed perfected upon the City Commission's adoption of the Final Assessment
Resolution or the annual Assessment Roll Annual Rate Reselution, whichever is
applicable. The lien for a Fire Protection Assessment collected under the Uniform
Assessment Collection Act shall attach to the property included on the Assessment Roll
as of the prior January 1, the lien date imposed for ad valorem taxes imposed under the
Tax Roll. The lien for a Fire Protection Assessment collected under the alternative
method of collection provide in Section 77-20 shall be deemed perfected upon the City
Commission's adoption of the Final Assessment Resolution or the annual Assessment
Roll , whichever is applicable, and shall attach to the property on
such date of adoption.
SECTION 6. Modify Chapter 77, Article II, Section 77-16.6 to read:
B. When it shall appear that any Fire Protection Assessment should have been
imposed under this Chapter against a parcel of property specially benefited by the
provision of fire protection services, facilities, or programs, but that such property
was omitted from the Assessment Roll; or such property was erroneously assessed;
or was not listed on the Tax Roll as an individual parcel of property as of the
effective date of the Assessment Roll approved by the ^.,. ual Rate Resel tieR for
any upcoming Fiscal Year, the City Commission may, upon provision of a notice by
mail provided to the Owner of the omitted or erroneously assessed parcel in the
manner and form provided in Section 77-9, impose the applicable Fire Protection
Assessment for the Fiscal Year in which such error or omission is discovered, in
addition to the applicable Fire Protection Assessment due for the two prior Fiscal
Years. Such Fire Protection Assessment shall constitute a lien against Assessed
Property equal in rank and dignity with the liens of all state, county, district, or
municipal taxes and special assessments, and superior in rank and dignity to all
other prior liens, mortgages, titles, and claims in and to or against the real property
involved, shall be collected as provided in Article III hereof, and shall be deemed to
be perfected on the date of adoption of the resolution imposing the omitted or
delinquent assessments.
In all other respects, Section 77-16 shall remain unchanged.
SECTION 7. Delete Chapter 77, Article II, Section 77-17 - Authorization for Exemptions and
Hardship Assistance in its entirety and renumber the subsequent sections.
SECTION 8. Revise Chapter 77, Article II, Section 77-18.A to read:
A. An interim Fire Protection Assessment may be imposed against all property for
which a Building Permit or Certificate of Occupancy, at the discretion of the City
Commission, is issued after adoption of the Fire Protection Assessment Annual
Rate Resel-tiAR. The amount of the interim Fire Protection Assessment shall be
calculated upon a monthly rate, which shall be one -twelfth J= of the annual
rate for such property computed in accordance with the Applied Assessment
Rate for the Fiscal Year for which the interim Fire
Protection Assessment is being imposed. Such monthly rate shall be imposed
for each full calendar month remaining in the fiscal year. In addition to the
monthly rate, the interim fire protection assessment may also include an
estimate of the subsequent fiscal year's fire protection assessment. No building
permit or certificate of occupancy, at the discretion of the City Commission,
shall be issued until full payment of the interim fire protection assessment is
received by the City. Issuance of the building permit or certificate of occupancy,
at the discretion of the City Commission, without the payment in full of the
interim fire protection assessment shall not relieve the owner of such property
of the obligation of full payment. Any interim fire protection assessment not
collected prior to the issuance of the building permit or certificate of occupancy,
at the discretion of the City Commission, may be collected pursuant to the
Uniform Assessment Collection Act as provided in § 77-19 of this Chapter or by
any other method authorized by law. Any interim fire protection assessment
shall be deemed due and payable on the date the building permit or certificate
of occupancy, at the discretion of the City Commission, was issued and shall
constitute a lien against such property as of that date. Said lien shall be equal in
rank and dignity with the liens of all state, county, district or municipal taxes and
special assessments, and superior in rank and dignity to all other liens,
encumbrances, titles and claims in and to or against the real property involved
and shall be deemed perfected upon the issuance of the building permit or
certificate of occupancy, at the discretion of the City Commission.
In all other respects, Section 77-18 shall remain unchanged.
SECTION 9. Delete Chapter 77, Article III, Section 77-21 — Government Property in its entirety
and insert the following text:
§ 77-21. — Exemptions.
No Fire Protection Assessment shall be imposed upon a parcel of Government Property,
or a parcel exempt from such fees by action of Florida law, or any building categorized
as institutional property whose building use is wholly exempt from taxation under
Florida law, as determined by the Orange County Property Appraiser; however,
government-owned property that is owned by federal mortgage entities, such as the
Veterans Administration and the Department of Housing and Urban Development, shall
not be exempt from the Fire Protection Assessment.
SECTION 10. Codification. It is the intention of the City Commission and it is hereby ordained
that the provisions of this Ordinance shall become and be made a part of Chapter 77 of the Code of
Ordinances of the City of Ocoee; that the sections of this Ordinance may be renumbered or re -lettered
to accomplish such intentions; and that the wording and form of the applicable content of this
Ordinance may be modified to be consistent with those of the codified Chapter 77.
SECTION 11. Severability. The provisions of this Ordinance are severable. If any section,
subsection, sentence, clause, or provision is held to be invalid by a court of competent jurisdiction, the
remaining provisions of this Ordinance shall not be affected thereby.
SECTION 12. Effective Date. This Ordinance shall be in force and take effect immediately upon
its passage and adoption.
PASSED AND ADOPTED this
ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. APPROVED
AS TO FORM AND LEGALITY THIS
DAY OF . 2016.
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
City Attorney
day of 12016.
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnson, Mayor
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
CITY OF OCOEE, FLORIDA
ORDINANCE MODIFYING CHAPTER 77, FIRE PROTECTION ASSESSMENT
2016-
FIRST
016-
FIRST READING OCTOBER 18, 2016
SECOND READING NOVEMBER 1, 2016
ORDINANCE NO. 2016-013
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA
RELATING TO THE PROVISION OF FIRE PROTECTION SERVICES, FACILITIES, AND
PROGRAMS THROUGHOUT THE INCORPORATED AREAS OF OCOEE, FLORIDA;
MODIFYING ORDINANCE NO. 2013-010, AS CODIFIED IN CHAPTER 77 OF THE
CODE OF ORDINANCES OF THE CITY OF OCOEE; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA:
SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this
Ordinance pursuant to Article VIII, Section 2(b) of the Constitution of the State of Florida, Chapter 166,
Florida Statutes, and the powers of local self-government to perform municipal functions and to render
municipal services in a manner not inconsistent with law, and such power may be exercised by the
enactment of city ordinances.
SECTION 2. Purpose. The purpose of this Ordinance is to modify and refine the requirements of
Ordinance 2013-010, as codified in Chapter 77 of the Code of Ordinances of the City of Ocoee.
SECTION 3. Chapter 77, Article I, Section 77-1—Definitions is hereby modified by:
(a) Deleting the definition of Annual Rate Resolution.
(b) Adding a definition of Applied Assessment Rate, which should read, "Applied Assessment
Rate' means the actual assessment rate adopted by the City Commission in the Final Assessment
Resolution or Revised Rate Resolution. The Applied Assessment Rate shall be less than or equal to the
Maximum Assessment Rate."
(c) Modifying the definition of Maximum Assessment Rate to read, "'Maximum Assessment
Rate' means the highest rate of Fire Protection Assessment established by the City Commission. The
Applied Assessment Rate may not be greater than the Maximum Assessment Rate"
(d) Deleting the definition of Preliminary Rate Resolution.
(e) Adding a definition of Revised Rate Resolution, which should read, "'Revised Rate
Resolution' means the resolution described in 2.08 hereof, which shall modify the Maximum
Assessment Rate then in effect and may otherwise modify the imposition of the Fire Protection
Assessment in a manner not inconsistent with this Ordinance."
In all other respects, Section 77-1 shall remain unchanged.
SECTION 4. Delete Chapter 77, Article II, Section 77-12 — Annual Adoption Procedure in its
entirety and insert the following text:
77-12. — Annual Assessment Procedures.
A. Once the Final Assessment Resolution has been adopted by the City Commission, the
Maximum Assessment Rate and the Applied Assessment Rate shall remain in effect unless
modified by a subsequent Revised Rate Resolution, at which time the Maximum Assessment
Rate and Applied Assessment Rate shall become the values included in the Revised Rate
Resolution upon the effective date stated in that Resolution. If an explicit Applied
Assessment Rate is not adopted by the City Commission, the Maximum Assessment Rate
shall be used as the Applied Assessment Rate.
B. Once an Applied Assessment Rate is explicitly or implicitly adopted by resolution of the City
Commission, it shall remain in effect and the Fire Protection Assessment shall continue to be
annually levied upon Assessed Properties until such time as the City Commission shall adopt
a Revised Rate Resolution.
C. In preparation for levying the Fire Protection Assessment in the following Fiscal Year and as
part of the budget adoption process, the City Manager or his designee shall prepare a list of
parcels and buildings within the city and assign a hazard class and size tier to each building
so as to calculate the Fire Protection Assessment to be levied on each parcel at the Applied
Assessment Rate last established by the City Commission. The manner of calculating the
Fire Protection Assessment is established by resolution of the City Commission.
D. In the event the City Commission may consider setting the Maximum Assessment Rate
and/or the Applied Assessment Rate for the next fiscal year at a different value than that in
effect at the time, the City Commission shall be required to first adopt a Revised Rate
Resolution. If the proposal is to raise the Maximum Assessment Rate, the Revised Rate
Resolution may be adopted by the City Commission only after it conducts a public hearing
for which the notice requirements of Sections 77-8 and 77-9 shall apply.
E. The adoption of the Revised Rate 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 Maximum Assessment Rate; the Applied Assessment Rate; the Assessment Roll; and the
levy and lien of the Fire Protection Assessments) unless, within 20 days from the date of the
City Commission action on the Revised Rate Resolution, proper steps shall be initiated in a
read:
court of competent jurisdiction to secure relief. Nothing contained herein shall be
construed or interpreted to affect the finality of any Fire Protection Assessment not
challenged within the required 20 -day period for those Fire Protection Assessments
previously imposed against Assessed Property by the inclusion of said property on a prior
Assessment Roll endorsed by the City Commission.
F. The City Manager or his designee shall prepare a proposed Fire Protection Assessment non -
ad valorem Assessment Roll using the appropriate Applied Assessment Rate for
endorsement by a resolution of the City Commission. Once endorsed by the City
Commission, the Assessment Roll shall be the official statement of the City as to the Fire
Protection Assessment to be levied on each parcel.
SECTION 5. Modify Chapter 77, Article II, Section 77-13 — Lien of Fire Protection Assessments to
77-13. — Lien of Fire Protection Assessments.
Upon the adoption of the Assessment Roll, all Fire Protection Assessments shall
constitute a lien against the Assessed Properties equal in rank and dignity with the liens
of all state, county, district, or municipal taxes and special assessments. Except as
otherwise provide by law, such lien shall be superior in dignity to all other prior liens,
mortgages, titles, and claims until paid. The lien for a Fire Protection Assessment shall
be deemed perfected upon the City Commission's adoption of the Final Assessment
Resolution or the annual Assessment Roll, whichever is applicable. The lien for a Fire
Protection Assessment collected under the Uniform Assessment Collection Act shall
attach to the property included on the Assessment Roll as of the prior January 1, the lien
date imposed for ad valorem taxes imposed under the Tax Rall. The lien for a Fire
Protection Assessment collected under the alternative method of collection provide in
Section 77-20 shall be deemed perfected upon the City Commission's adoption of the
Final Assessment Resolution or the annual Assessment Roll, whichever is applicable, and
shall attach to the property on such date of adoption.
SECTION 6. Modify Chapter 77, Article II, Section 77-16.B to read:
B. When it shall appear that any Fire Protection Assessment should have been
imposed under this Chapter against a parcel of property specially benefited by the
provision of fire protection services, facilities, or programs, but that such property
was omitted from the Assessment Roll; or such property was erroneously assessed;
or was not listed on the Tax Rall as an individual parcel of property as of the
effective date of the Assessment Roll approved for any upcoming Fiscal Year, the
City Commission may, upon provision of a notice by mail provided to the Owner of
the omitted or erroneously assessed parcel in the manner and form provided in
Section 77-9, impose the applicable Fire Protection Assessment for the Fiscal Year in
which such error or omission is discovered, in addition to the applicable Fire
Protection Assessment due for the two prior Fiscal Years. Such Fire Protection
Assessment shall constitute a lien against Assessed Property equal in rank and
dignity with the liens of all state, county, district, or municipal taxes and special
assessments, and superior in rank and dignity to all other prior liens, mortgages,
titles, and claims in and to or against the real property involved, shall be collected as
provided in Article III hereof, and shall be deemed to be perfected on the date of
adoption of the resolution imposing the omitted or delinquent assessments.
In all other respects, Section 77-16 shall remain unchanged.
SECTION 7. Delete Chapter 77, Article II, Section 77-17 — Authorization for Exemptions and
Hardship Assistance in its entirety and renumber the subsequent sections.
SECTION 8. Revise Chapter 77, Article II, Section 77-18.A to read:
A. An interim Fire Protection Assessment may be imposed against all property for
which a Building Permit or Certificate of Occupancy, at the discretion of the City
Commission, is issued after adoption of the Fire Protection Assessment. The
amount of the interim Fire Protection Assessment shall be calculated upon a
monthly rate, which shall be one -twelfth (1/12) of the annual rate for such
property computed in accordance with the Applied Assessment Rate for the
Fiscal Year for which the interim Fire Protection Assessment is being imposed.
Such monthly rate shall be imposed for each full calendar month remaining in
the fiscal year. In addition to the monthly rate, the interim fire protection
assessment may also include an estimate of the subsequent fiscal year's fire
protection assessment. No building permit or certificate of occupancy, at the
discretion of the City Commission, shall be issued until full payment of the
interim fire protection assessment is received by the City. Issuance of the
building permit or certificate of occupancy, at the discretion of the City
Commission, without the payment in full of the interim fire protection
assessment shall not relieve the owner of such property of the obligation of full
payment. Any interim fire protection assessment not collected prior to the
issuance of the building permit or certificate of occupancy, at the discretion of
the City Commission, may be collected pursuant to the Uniform Assessment
Collection Act as provided in § 77-19 of this Chapter or by any other method
authorized by law. Any interim fire protection assessment shall be deemed due
and payable on the date the building permit or certificate of occupancy, at the
discretion of the City Commission, was issued and shall constitute a lien against
such property as of that date. Said lien shall be equal in rank and dignity with
the liens of all state, county, district or municipal taxes and special assessments,
and superior in rank and dignity to all other liens, encumbrances, titles and
claims in and to or against the real property involved and shall be deemed
perfected upon the issuance of the building permit or certificate of occupancy,
at the discretion of the City Commission.
In all other respects, Section 77-18 shall remain unchanged.
SECTION 9. Delete Chapter 77, Article III, Section 77-21 — Government Property in its entirety
and insert the following text:
§ 77-21. — Exemptions.
No Fire Protection Assessment shall be imposed upon a parcel of Government Property,
or a parcel exempt from such fees by action of Florida law, or any building categorized
as institutional property whose building use is wholly exempt from taxation under
Florida law, as determined by the Orange County Property Appraiser; however,
government-owned property that is owned by federal mortgage entities, such as the
Veterans Administration and the Department of Housing and Urban Development, shall
not be exempt from the Fire Protection Assessment.
SECTION 10. Codification. It is the intention of the City Commission and it is hereby ordained
that the provisions of this Ordinance shall become and be made a part of Chapter 77 of the Code of
Ordinances of the City of Ocoee; that the sections of this Ordinance may be renumbered or re -lettered
to accomplish such intentions; and that the wording and form of the applicable content of this
Ordinance may be modified to be consistent with those of the codified Chapter 77.
SECTION 11. Severability. The provisions of this Ordinance are severable. If any section,
subsection, sentence, clause, or provision is held to be invalid by a court of competent jurisdiction, the
remaining provisions of this Ordinance shall not be affected thereby.
SECTION 12. Effective Date. This Ordinance shall be in force and take effect immediately upon
its passage and adoption.
PASSED AND ADOPTED this
ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA. APPROVED
AS TO FORM AND LEGALITY THIS
DAY OF 2016.
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
City Attorney
day of , 2016.
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnson, Mayor
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD ON
Orlando Sentinel
.11
Published Daily
ORANGE County,Florida
STATE OF FLORIDA
COUNTY OF ORANGE
Before the undersigned authority personally appeared
Brandon DeLoach/Maria Torres,who on oath says that he or she is an Advertising
Representative of the ORLANDO SENTINEL,a DAILY newspaper published at GTY GF ocoEE
the ORLANDO SENTINEL in ORANGE County,Florida;that the attached co NOTICE OF PUBLIC HEARING
s copy
ro MODIFY CHAPTER 77-COLLECTION OF FIRE
PROTECTION SPECIAL ASSESSMENTS
ofadvertisement,being a Legal Notice in the matter of 11150-Public Hearing Notice i5 hereby q+Ven ,hat the Cltr
Commission of the City of Ocoee,
Notice,November 1,2016 at 7:15 p.m.was published in said newspaper in the tori side+rl changes to C opterear7 of
issues of Oct 23,2016. ane Code of ordinances of the c+Ir
of Ocoee regarding fire protection
special ossessments for rhe provision
CI hre protection xr vices within
Affiant further says that the said ORLANDO SENTINEL is a newspaper published the ion ethity and collection at these
ossessments pursuant to the top bill
collection method, The public hearing
in said ORANGE County,Florida,and that the said newspaper has heretofore been thereafter1e ton aNOvembermt, 2016SO0n
continuously published in said ORANGE County,Florida,each day and has been N.e Lakes ore Drive, O�ee,DFlorida
for the purpose of receiving public
entered as periodicals matter at the post office in ORANGE County,Florida,in comment on the proposed ossessments.
All affected property owners hove o
said ORANGE County, or a period of one year next preceding the first right to appear of the hearing and to
Florida,� preceding file written object+ons with the City
publication of the attached copy of advertisement;and affiant further says that he within 20 days of this notice.
or she has neither paid nor promised any person,firm or corporation any discount, If i Deon decide, to aommi son
decision mode by the City Commission
a1 t fhes Not to vember matter 206 oneoiing
rebate,commission or refund for the purpose of securing this advertisement for such person will need 0 record of the
publication in the said newspaper. proceedings and may need to ensure
That o verbatim record is mode,
including the testimony and evidence
upon which the a°peal is to be mode.
In accordance with the Americans
.,,//n�, with Disabilities Act, persons needing
L / ,/ 0e( ,. o special accommodation or on
5T�TiI} 47 l(/ Interpreter fo pdrticipme in these
Signature of Affiant proceeding should call the City Clerk
$r► Printed Name of Affiant of 407.905-3105 at least 48 hours prior
to the dote of the hearing Copies
of the existing Fire Protection
Assessment Ordinonce and the
Sworn to and subscribed before me on this 24 day of October, ,2016 proposed amendments are available
for Inspection in the Office of the City
by above Affiant,who is personally known to me(X)or who has produced Cleve, Olocoee, l 150iNorth se contact Drive,Ocoee,Florida. Please contact
the City Clerk at 407-905.3105 Monday
identification( ). through Friday between 800 am and
5:00 om with any questions.
Melanie Sibbitf.City Clerk
October 23,2016
_ OS4542311 107/]016
Signature of Notary Public
:*0.44,, CHERYL ALLI
MY COMMISSION#FF940044
1,46,,�; EXPIRES November 30 2019
14C71398-0'53 tondaNu:wySety:Ge.Wn'.
Name of Notary,Typed, Printed,or Stamped
4542301