2018-012 Creating the Ocoee Downtown Brownfield Area (S.E.E.D.) RESOLUTION NO. 2018-012
A RESOLUTION OF THE CITY OF OCOEE, FLORIDA,
CREATING THE OCOEE DOWNTOWN BROWNFIELD
AREA; FOR THE PURPOSE OF ENVIRONMENTAL
REMEDIATION, REHABILITATION AND ECONOMIC
REDEVELOPMENT; AUTHORIZING THE CITY CLERK TO
NOTIFY THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION OF SAID DESIGNATION
AS REQUIRED;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida has provided in Ch. 97-277, Laws of Florida, codified as
Sections 376.77-376.86, Florida Statutes, as amended, "Brownfield Redevelopment Act:" for
the designation by resolution of certain lands as a "Brownfield Area", and for the
corresponding provision of environmental remediation, rehabilitation, and economic
redevelopment for such areas; and
WHEREAS, the City of Ocoee shall notify the Florida Department of Environmental
Protection of its decision to designate a Brownfield Area for remediation, rehabilitation and
economic redevelopment including the required map, as set forth in the Act; and
WHEREAS, such brownfield designation will allow for accelerated environmental
assessment and,if necessary,remediation of the property; and
WHEREAS, such brownfield designation will allow access to job-related bonus monies
thereby encouraging job creation; and
WHEREAS, the proposed brownfield area warrants economic development and has a
reasonable potential for such activities; and
WHEREAS, the proposed area to be designated represents a reasonably focused approach
and is not overly large in geographic coverage;and
WHEREAS, the proposed area of designation has the potential to interest the private sector
in participating in rehabilitation; and
WHEREAS, the designation of the proposed area is consistent with the Goals, Objectives
and Policies the City of Ocoee's Comprehensive Plan;
WHEREAS, the City of Ocoee has complied with the procedures set forth in Section
166.041, Florida Statutes (2016), including notice and public hearing(s) in accordance with
Sections 376.80 (1) and 166.041 (3) (c) 2, Florida Statutes (2016).
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF OCOEE, FLORIDA:
SECTION ONE, RECITALS. The recitals set forth in the whereas clauses to this
Resolution are hereby adopted as the legislative and administrative findings of the City
Commission.
1
SECTION TWO, AREA AND CONDITIONS. That the mapped area described in
Exhibit 'A', attached hereto and incorporated herein by reference, is hereby designated as
included in the Ocoee Downtown Brownfield Area for environmental remediation,
rehabilitation, and economic redevelopment as set forth in the Act under the following
terms and conditions:
a. The City of Ocoee shall, as soon as practical, designate the entity or entities responsible
for the remediation and rehabilitation of the Brownfield Area, or specific portions
thereof, pursuant to Section 376.80 (3), Florida Statutes. The designation of a responsible
entity shall not render the City of Ocoee responsible for the costs and liabilities associated
with site remediation, rehabilitation, economic redevelopment or source removal, as those
terms are defined in the Act unless the City of Ocoee specifically designates itself as the
responsible person pursuant to said Section.
b. The designation of such Brownfield Area by this Resolution does not render the City of
Ocoee responsible for the costs and liabilities associated with the site remediation,
rehabilitation, economic redevelopment or source removal, as those terms are defined in
the Act unless the City of Ocoee specifically designates itself as the responsible person
pursuant to Section 376.80 (3), Florida Statutes (2016).
c. The designated Brownfield Area as authorized by this Resolution does not include any
properties that are part of the Central Florida Expressway Authority (CFX) system. The
Central Florida Expressway Authority has provided the City of Ocoee a written request
that CFX properties are not to be included in the proposed Ocoee Brown Field Area
(S.E.E.D), as provided for by Sections 376.80(1)(c) 3 , Florida Statutes, as amended, of
the "Brownfield Redevelopment Act:".
d. Nothing in this Resolution shall be deemed to prohibit, limit, or amend the authority and
power of the City of Ocoee, to designate any other property or properties as a Brownfield
Site or Brownfield Area, or to modify, amend, or withdraw the designation established
herein.
SECTION THREE, CLERK'S NOTIFICATION. In accordance with Section
376.80(1), Florida Statutes (2016), the City Clerk is hereby directed to notify the Florida
Department of Environmental Protection of the City of Ocoee's designation of a
Brownfield Area for rehabilitation for the purposes of Sections 376.77-376.86, Florida
Statutes (2016).
SECTION FOUR, EFFECTIVE DATE. This resolution shall take effect immediately
upon its final adoption by the City Commission of the City of Ocoee, Florida.
FIRST READING AND PUBLIC HEARING HELD ON:
x/77152018
SECOND READING AND PUBLIC HEARING HELD ON:
2018
2
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PASSED AND RESOLVED this /f day of J ah.,G , 2018,by
the City Commission of the City of Ocoee, Florida.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
ti'iti• .,Jita ....-All ik. ,
Melanie Sibbitt, City Clerk Rusty Johns,%n, latf r
(SEAL)
APPROVED BY THE CITY OF OCOEE
COMMISSION AT A MEETING HELD
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 1' day of
'T.a�� , 2018.
SHUFFIELD,LOWMAN&WILSON
By: A .0
C. to elm
40 ;
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