2015-019 Resolution Establishing a Time Frame for Existing Gated Subdivisions and a Level of Funding Assistance for Existing Gated Subdivisions RESOLUTION NO.2015-019
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
ESTABLISHING A TIME FRAME FOR EXISTING GATED
SUBDIVISIONS TO BECOME COMPLIANT WITH THE
ACCESS TECHNOLOGY KNOWN AS CLICK TO ENTER;
ESTABLISHING A LEVEL OF FUNDING ASSISTANCE
FOR EXISTING GATED SUBDIVISIONS TO COMPLY
WITH SAID ACCESS TECHNOLOGY; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article I, Chapter 153, of the Code of Ordinances of the City of Ocoee
(hereafter"City Code"), relates to the use of the right of way; and
WHEREAS, the City Commission of the City of Ocoee (hereafter "Commission") has
considered and adopted, in a duly noticed public hearing, amendments to Article I, Chapter 153,
pertaining to emergency access to gated subdivisions, including creating a new Section 153-5.7 in
the City Code; and
WHEREAS, the amendments creating Section 153-5.7 of the City Code require gated
subdivisions to install and maintain in an operational status uniform technology for accessing said
gated subdivisions by the City for emergency access and in the interest of the public health, safety,
and welfare; and
WHEREAS, on July 21, 2015, the Commission adopted Resolution No. 2015-010, to
establish the Click to Enter access system and the Knox Box key access system for all gates
(hereafter "System") as the required emergency vehicle access system for all gated subdivisions
or gated communities located within the City limits; and
WHEREAS, the Commission finds that compliance with the System by all gated
subdivisions existing within the City limits as of July 21, 2015, is a concern of the City's public
safety personnel and its citizens; and
WHEREAS, Section 153-5.7 of the City Code further requires the Commission to adopt a
Resolution establishing compliance time frames for installation of the System to those gated
subdivisions existing within the City limits as of July 21, 2015; and
WHEREAS, the Commission desires to establish a level of funding assistance for those
gated subdivisions that were existing within the City limits as of July 21, 2015, and a date by which
these existing gated subdivisions will become compliant with said System.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OCOEE,FLORIDA,AS FOLLOWS:
SECTION 1. Authority. The City Commission has the authority to
adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida and
Chapter 166, Florida Statutes.
SECTION 2. Existing Gated Subdivisions. Gated subdivisions existing
within the City limits as of July 21, 2015, shall comply with the provisions of Section 153-5.7 of
the City Code, Resolution 2015-010, and this Resolution on or before July 1, 2016. Compliance
shall mean that the System is installed, inspected, and fully operational. Any request for an
extension or exemption shall be placed in writing and delivered to the Fire Chief.
In all cases, following installation of the new technology, the System must be inspected,
approved, and deemed compliant with the provisions of Section 153-5.7 of the City Code and
Resolution 2015-010 by the Fire Chief.
SECTION 3. Funding. The Commission hereby finds it is in the best
interest of the City to provide funding assistance for the benefit of gated subdivisions existing
within the City limits as of July 21, 2015, solely for the purpose of achieving compliance with
Section 153-5.7 of the City Code, Resolution 2015-010, and this Resolution in the time period
provided herein. Pursuant to the budget allocation for this item, funding assistance is capped at
an amount not to exceed $1,818.00 per entrance gate, and may only be used for the purchase of
the device, installation of the System, and any programming that may be required to establish the
System from an authorized Click to Enter distributor or installer (deemed "eligible costs"). The
City will assume no maintenance cost or obligation for the System and the City will not
reimburse taxes or any other costs.
Funding by the City to assist with the above-referenced eligible costs will be done on a
reimbursement basis, upon timely receipt by the City of the requisite paperwork, including the
original receipt, from the President or Treasurer of the duly established Homeowner's
Association for the gated subdivision seeking reimbursement. Reimbursement for eligible costs
shall not exceed $1,818.00 per entrance gate and all requests for reimbursement must be received
by the City on or before September 15, 2016.
SECTION 4. 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 5. Effective Date. This Resolution shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this/7 day of /'err7b(, 20/5..
APPROVED:
ATTEST: CITY OF OCOEE,FLORIDA
•
A Of el
4_�`:�1'� `' �,L. CIA- A
kenberry, City Clerk i iip.r Ai,..--
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE,FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this i1 day of /Jo.) , 20 IC .
SHUFFIELD,LOWMAN& WILSON,P.A.
wAvaimale-
0 Att.rn-