Ordinance 2006-012
ORDINANCE NO. 2006-012
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;
ESTABLISHING 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
redevelopment, 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 ofOcoee; 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
redevelopment 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 redevelopment" 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 revenues 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 effective 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 1,
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 levied each year by or for all taxing authorities,
upon the total of the assessed value 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 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 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
.~
U day Or.-:J:l,Ile..., 2006.
APPROVED:
ATTEST:
CITY OF OCOE E, FLORIDA
.._",~, ..--..... . II
.~~ ~~").:~~tt (/1L ~.;;,
'~M\&1~~
(
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED M",y c?s ,2006
READ FIRST TIME-.M~ [ltJ ,2006
READ SECOND TIME AND ADOPTED
~Vl~~ ~ ,2006
UNDER AGENDA ITEM NO.-1L
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA
APPROVED AS TO JPRM AND LEGALITY,
this b day of :.J U () ( , 2006
FOLEY tJ~NE"LLP "J /J
BY: lM#f~
CITY ATTORNEY