2017-014 Resolution for Annual Fire Protection Special Assessment for FY 2018 RESOLUTION 2017-014
CITY OF OCOEE
ANNUAL FIRE PROTECTION SPECIAL ASSESSMENT RESOLUTION
FOR FISCAL YEAR 2018
AUGUST 15, 2017
RESOLUTION
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; ENDORSING THE
METHOD OF ASSESSING FIRE PROTECTION ASSESSED
COSTS AGAINST ASSESSED PROPERTIES LOCATED
WITHIN THE CITY OF OCOEE; AMENDING THE TOTAL
AMOUNT OF REVENUE TO BE GENERATED; ADOPTING THE
FY 2018 RATE OF ASSESSMENT; APPROVING THE
ASSESSMENT ROLL FOR FISCAL YEAR 2018; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
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 (codified as Chapter 77 of the City Code of Ordinances); and
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; and
WHEREAS the City Commission has adopted an apportionment methodology for its Fire
Protection Assessment program and now desires to impose an Annual Fire Protection
Assessment 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, 2017; and
WHEREAS the City Commission, on November 1, 2016, amended Chapter 77 of the
Code of Ordinances of the City of Ocoee to, among other things, set the Annual Assessment ='
Rate at a value of$69.50 per Net Fire Protection Unit (FPU); and
WHEREAS the City Commission desires that the Annual Assessment Rate remain
unchanged from its current value; and
WHEREAS none of the conditions listed in Section 197.3632(4)(a), Florida Statutes, or
Section 77-12.D of the City Code of Ordinances requiring a public hearing and publication of
notice are present.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF OCOEE, FLORIDA:
SECTIONI. AUTHORITY. This Resolution is adopted pursuant to the provisions of the
Fire Protection Assessment Ordinance (Ordinance No. 2013-010), as subsequently revised on
November 1, 2016; the Initial Assessment Resolution adopted by the City Commission of the
City of Ocoee, Florida on August 6, 2013; the Final Assessment Resolution adopted by the City
Commission of the City of Ocoee, Florida on September 5, 2013; the Annual Rate Resolution
adopted by the City Commission of the City of Ocoee, Florida on August 16, 2016; the City of
Ocoee Home Rule Charter; Article VIII, Section 2 of the Florida Constitution; Section 166.041,
Florida Statutes; and other applicable provisions of law.
SECTION 2. PURPOSE AND DEFINITIONS.
(A) This Resolution sets forth and approves the Assessment Roll for FY 2018, as
defined in Section 77-1 of the City Code of Ordinances and utilizing the procedure described in
Section 77-12 of the City Code of Ordinances, for Fiscal Year 2018, which begins on October 1,
2017.
(B) All capitalized words and terms not otherwise defined herein shall have the
meanings set forth in the Ordinance, as amended, and in the Initial Assessment Resolution
adopted by the City Commission of the City of Ocoee, Florida on August 6, 2013, as applicable.
Any conflict in definitions between those two sources shall be resolved in favor of the
Resolution. Unless the context indicates otherwise, words imparting the singular number
include the plural number and vice versa.
(C) The Initial Assessment Resolution adopted by the City Commission of the City of
Ocoee, Florida on August 6, 2013, defines terms related to building usage codes that are used
in the fire protection assessment process created by the Ordinance and subsequent resolutions
to assign the most applicable Hazard Class to a structure that is subject to the assessment.
Such terms as Building Use, Code Descriptions, DOR Code, Fixed Property Use Codes, and
Improvement Codes are provided in the Ordinance to describe essentially equivalent indications
of a structure's use, as established by the Orange County Property Appraiser (OCPA).
Previously adopted ordinances and resolutions related to the Fire Protection Assessment
process also include definitions where listed building usage codes are understood to identify a
specific use and, thus, the Hazard Class for the structure. These building usage codes are
continuously evolving such that a slightly different set of codes is developed and published by
OCPA each year in order to improve the agency's support for a variety of uses.
SECTION 3. CONFIRMATION OF ASSESSMENT RATE. The Maximum Assessment
Rate continues to be $69.50 per Net Fire Protection Unit and remains the Applied Assessment
Rate for the imposition and computation of fire protection assessments.
SECTION 4. IMPOSITION AND COMPUTATION OF FIRE PROTECTION
ASSESSMENTS.
(A) For the Fiscal Year 2018 beginning October 1, 2017, the Fire Protection
}
Assessed Cost to be assessed and apportioned is hereby amended to be $2,007,868.95. This
value takes into account the exemptions provided in the Ordinance and as provided by law.
(B) 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 Fiscal Year 2018 beginning on October 1, 2017.
(C) Any shortfall in the expected proceeds from the Fire Protection Assessment due
to any reduction or exemption from payment of the Fire Protection Assessment 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
Protection Assessment.
SECTION 5. APPROVAL OF THE ASSESSMENT ROLL. The Assessment Roll
attached as Appendix B is hereby approved and shall be delivered to the Orange County Tax
Collector for collection using the tax bill collection method and the manner described in the
Ordinance on or before September 15, 2017, together with the correction of any errors or
omissions, as provided for in 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 A.
SECTION 6. EFFECT OF ADOPTION OF RESOLUTION. This Resolution establishes
the rate of assessment to be imposed in the upcoming Fiscal Year and approves the
Assessment Roll for the upcoming Fiscal Year with such adjustments as the City Commission
deems just and right. The adoption of this 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 Resolution.
SECTION 7. 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 affecting the
validity of other provisions of this Resolution.
SECTION 8. EFFECTIVE DATE. This Resolution shall take effect immediately upon its
passage and adoption.
i
ll 7"
PASSED AND ADOPTED this / day of a/72.,e_571- , 2017.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
".kid jvahl \% ilkC
Melanie Sibbitt, City Clerk Rusty Johnso' .
(SEAL)
FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY
CITY OF OCOEE, FLORIDA. APPROVED COMMISSION AT A MEETING HELD
AS TO FORM AND LEGALITY THIS loi 1.0 ON 641
DAY OF , 2017.
SHUFFIELD, LOWMAN &WILSON, P.A.
By: (D
City Attor -
ypy
�QQ1
{qq
Appendix A
�_ :
im" DR-4o8A
Rev.9/06
CERTIFICATE
TO
NON-AD VALOREM ASSESSMENT ROLL
I, the undersigned, hereby certify that I am the Chair of the local governing
board or his or her authorized designee for:
City of Ocoee
(name of local government)
Located in Orange County, Florida; as such, I have satisfied myself that all property
included or includable on the Non-Ad Valorem Assessment Roll for the aforesaid
county 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 therein have been made pursuant to law.
I further certify that upon completion of this certificate and the attachment
of same to the herein described Non-Ad Valorem Assessment Roll as a part thereof,
that said Non-Ad Valorem Assessment Roll will be delivered to the Property
Appraiser and Tax Collector of this county.
In witness whereof, I have subscribed this certificate and caused the same to
be attached to and made a part of the above described Non-Ad Valorem Assessment
Roll this 15 day of September , 2017
Special Taxing Name Ocoee Fire Rescue - 5330
Total Record Count 13,478
Total Assessment $
2,007,868.95
1..21,A:, lk
(Chair ,local governing board or designee)
of City of Ocoee
(Name of local government)
Orange County, Florida '
s1
y{y
APPENDIX B
FIRE PROTECTION ASSESSMENT ROLL
FOR THE CITY OF OCOEE
(On file in the City Clerk's Office)
[}4
E{i
5tf'