The Apopka City Council adopted two resolutions on April 16 to fund roadway improvements for the Emerson Park subdivision. The city will take out a loan on the subdivision’s behalf to fund the project, which will cost around $3 million.
“It’s basically an opportunity for property owners who are subject to the proposed assessments to approach the dais and tell you whether they support the assessments, whether they object to the assessments or make no comment at all,” said Christopher B. Roe, attorney for Bryant Miller Olive P.A., who presented the resolutions at the meeting. “But it has to be an opportunity for them to do so before you can levy the assessments.”
The first resolution No. 2025-16, sets up a special assessment area for road and sidewalk improvements, with a total assessed cost of $2,853,464. Per this resolution, the approved estimated project cost of the improvements is $3,064,425. Out of this amount, the assessed cost is estimated to be $2,853,464; the balance of the project cost will be paid by the HOA’s contributions.
The payment term is 15 years, and each property in the subdivision owes $5,707 per household, or $591 per year based upon an interest rate of 5% per year and a share of collection costs.
The second resolution, No. 2025-17, greenlights a funding agreement and easement with the Emerson Park Homeowners Association (HOA), contributing almost $211,000. The resolution also approves construction easement and dedication documents.
A bank loan and HOA contributions will finance this project, which will cost over $2 million. The assessments will begin with this November tax bill, the first of 15 annual installments.
Contractors said that roadway construction is anticipated to last six to 10 weeks, according to Roe.
To date, the city staff and consultants have developed the project cost estimate and assessment methodology.
On March 19, the City Council adopted the initial assessment resolution, which describes Emerson Park improvements and area to be assessed. The council also established the amount to be funded by the assessments and approved the assessment methodology.
A notice of public hearing was published in local newspapers and mailed to property owners. The city also received a signed funding agreement and construction easement and dedication documents from the Emerson Park HOA.
Roe presented the timeline as follows:
• By April 18, a request for proposal was to be issued for a bank loan in the assessed amount of $2,853,464
• By May 1, the HOA deposits cash contribution with the city
• By May 8, the city obtains bank loan proposals for financing project costs
• At the May 21 City Council meeting, a bank will be selected
• At the June 4 City Council meeting, the council will adopt a resolution approving a bank loan. That day, pre-closing loan documents will be presented to the council, and each member will sign the paperwork.
June 6 would be the closing on the bank loan, and the bank transmits loan proceeds to the city of Apopka to pay for project costs.
When roadway improvements are completed, they’ll be dedicated to the city, meaning that Emerson Park will have a fully public, open roadway system.
The HOA will retain maintenance responsibility and ownership for the subdivision’s alleyways, which service access points for certain of the residential properties. The HOA will also fully fund the cost of improving the alleyways, Roe said.
During public comment, residents said they don’t object to the city assisting the Emerson Park HOA. However, they warned the city about giving the impression of favoritism of some subdivisions over others in financial assistance for infrastructure and construction projects and repairs.
“I can think of numerous developments around the city just now who are suffering flooding and need financial assistance to resolve the problems,” Albert McKimmie said.
“Remember, you’ve now set that precedent, and you owe it to all city residents to deal with things in the same manner as you do tonight.”
Jennifer Hay, an Emerson Park HOA Board member, refuted that the city is not giving the subdivision any money, but is only acting as the middleman in helping the HOA solve its problem.
“I do want to clarify, just for the public, that we initially came to the mayor with the problem because the prior administration had made a decision that impacted our community, and our community wasn’t aware of it,” Hay said. “So, we came to him with help for that solution. We are paying the total. The city is not giving any money to us.”
Emerson Park is located near the S.R. 414/429 interchange and along Harmon Road and Ocoee-Apopka Road, across the street from AdventHealth Apopka.
It has been a struggle for Emerson Park homeowners themselves to pay for the infrastructure upkeep. Built in 2007, the subdivision was originally planned as a mixed-use development of townhomes, single-family homes, and a public town center with public access roads. The infrastructure was built to support a town center, but the town center itself was never constructed.
In December 2023, a 95% majority of the Emerson Park community voted in favor of establishing a roadway project in which the city would take on the subdivision’s infrastructure cost and maintenance.
On Oct. 16, 2024, the City Council unanimously approved to move forward with an assessment project that will help the Emerson Park subdivision with its request to have its roadways, curbs, gutters, and street signs transferred from private to public ownership and to create a funding source to bring this infrastructure up to city standards.
On Nov. 6, 2024, the City Council adopted Resolution No. 2024-38 to officially declare the city’s intent to repay a debt not expected to go over $3 million for the Emerson Park roadway project.
The Apopka Chief is an award-winning weekly newspaper serving the greater Apopka area in Central Florida since 1923.
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