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2013-012 Fire Assessment Resolution - $27.40 Rate$27.40 rate CITY OF OCOEE, FLORIDA FINAL ASSESSMENT RESOLUTION ADOPTED SEPTEMBER 5, 2013 TABLE OF CONTENTS $27.40 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 ........................................... ............................... 6 APPENDIX A: AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS .............................. ............................A -1 APPENDIX B: PROOF OF PUBLICATION ............................. ............................B -1 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. $27.40 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 "), 1 $27.40 rate 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. 2 SECTION 3. IMPOSITION OF FIRE PROTECTION ASSESSMENTS. $27.40 rate (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 $665,582.00. The assessment rate to be assessed against benefitted property to generate the Fire Protection K3 $27.40 rate Assessed Cost for the Fiscal Year beginning October 1, 2013, is hereby established as $27.40 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 El $27.40 rate 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. (K) As authorized in the Ordinance, the City shall adopt a hardship assistance program by separate resolution to assist Owners of homesteaded residential property. 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. 5 PASSED AND ADOPTED this 5th day of September, 2013. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City C e S. Scott Vandergrift, May r (SEAL) FOR USE AND RELIANCE ONLY BY DATE: �"T`a� 2C 1 -: % APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING HELD APPROVED AS TO FORM AND LEGALITY 'S' , 2013, on this '5 day of — 1 2013. UNDER - \AGENDA ITEM NO. I– SHUFFIELD, LOWMAN & WILSON P.A. In N 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. Pill 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 Charity Moore, affiant A -2 STATE OF FLORIDA COUNTY OF ORANGE The foregoing Affidavit of Mailing was sworn to day of _ 2013 by Robert D. Frank, Florida. He is "hers nafTy known to meor has produced did take an oath. A in e d Name: je Ltt� N tary Public, State of FYorida At Large 1 My Commission Expires Commission No.: Er✓.5 v� „. "' ""•• GEOWTA COWAN :�aati v n Notary p . State of Florida av; My Comm. EXPOS Mar 4, 2011 '= Commission # EE 850865 STATE OF FLORIDA COUNTY OF LEON and subscribed before me this City Manager, City of Ocoee, as identification and The fore-going Affidavit of Mailing was sworn to and subscribed before me this day of 2013 by Sandi Memel .are o, Project Manager, Government Services Group, Mc., a Florida corporation. CShe is personally known to me or has produced as identification and did tak an oath. a>� TAMMY PETERS A := Commission #DD 921344 Printed Na e: rn /5 *: Notary ublic, State of F orida }x• - Expires August 31, 2013 Y P, f `` Banded P ru Troy Fein Insurance 800- 385 -7019 At Large My Commission Expires 3� ��(3 Commission No : D �/ y STATE OF FLORIDA COUNTY OF LEON 3 C) 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 Flor a corporation. e is personal) known to me o has produced as identification and did take an oath. Printed NamdJ — (6M (K ^�- Notary Public, State of FI a TAMMY PETERS At Large *: *S Commission # DD 921344 My Commission Expire�a& a: Expires August 31, 2013 Commission No.: . Bonded Th- Troy Fain Insurance 800-385 -701 t4 9 NAW 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 * * * ** APPENDIX B 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. _ r ". .-Off . JllLEE D GURK V MY COMMISSION -1 EE141711 �! a . EXPIRES: Noverrbar 25, 2016 } Baided Thru Notary Public Underwitm I I� ) C ll it V�� �I 9 " Notice is hereby given that the City ConlrnissiOil of fh City of Ocoee, Florida will conduct a public hearing to consider the imposition of annual tire protection special assessrnonfs for the provision of fire protection services within the City and collection of these assessments pursuant to the tax bill collection! method. T he hearing will be held - 6:00 p.m. on Septernber 5, 2.013, in the Ciiy Commission Chambers, 150 North Lakeshore Drive, Ocoee, Florida, for the purpose of receiving public comment on the proposed assess rnents. All affecied property owners have a right to appear at the hearing and to isle vdriaell objections 1,vith the City within 20 clays Of this notice. It a person decides to appeal any decision made by the City Commission with respect to any mater 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 a_nd evidence upon which the appeal is to be made. In accorcance with the Americans with Disabilities Act, persons necdinrl a special accornrnodation or an interpreter to pardeipaie in this proceeding should call the City Clerk at (407 )905 -3105, at least 43 hours prior to the date of the hearing. The assessrhnent 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 filet Fire Protcciion Unit. Copies of the Fire Protection Assessment Ordinance, the Initial Assessment lesolutioh for fire Protection Services and the preliminary Assessment loll are available for inspection in the City Clerk's office located ai 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 [ax certificate to be issued against the property in accordance whin 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. i III '� Ilrf � } o 4 f 1 , f t;fi'l r` +OlJi�lilae9r7{^9 ! th °� (lr- E, FL OP.10 A Date pubflshed and Medu Mourn dv'Hse e�mpO ©r Afflde APPENDIX C FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL 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 September , 2013. THE CITY OF OCOEE, FLORIDA Mayor [to be delivered to Tax Collector prior to September 15] C -1