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HomeMy WebLinkAboutVII (A1) First Reading of Ordinance No. 2003-07, Amending Chapter 143 of the Code regarding Solid Waste a 4 -LC:0-3 VII AI ORDINANCE NO. 2003-07 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING CHAPTER 143 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE REGARDING SOLID WASTE; AUTHORIZING THE USE OF THE UNIFORM METHOD OF COLLECTION OF NON-AD VALOREM ASSESSMENTS FOR RESIDENTIAL SOLID WASTE COLLECTION SERVICE FEES AND CHARGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to amend Chapter 143 (Solid Waste) of the Code of Ordinances of the City of Ocoee; WHEREAS, the City of Ocoee desires to have flexibility in the billing and collection of residential solid waste collection service fees and charges; and WHEREAS, the City of Ocoee desires to continue the use of the other billing and collection methods provided by Chapter 143 for persons that receive residential solid waste collection services, but are not included in an assessment roll adopted pursuant to Chapter 197, Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA AS FOLLOWS: SECTION ONE. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article V I I I of the Constitution of the State of Florida and Chapters 166 and 197, Florida Statutes. SECTION TWO. Chapter 143. Chapter 143 of the Code of Ordinances is hereby amended by the addition of the following new section: SECTION 143-9.2. Alternative Method of Billing and Collection of Fees. A. As an alternative to the monthly billing of residential solid waste collection service fees and charges provided in this Chapter, the city may utilize the uniform method for the levy, collection, and enforcement of non-ad valorem assessments as provided in Section 197.3632, Florida Statutes, for such residential solid waste collection service fees and charges. B. In the event that the city utilizes the uniform method for the levy, collection, and enforcement of non-ad valorem assessments for such residential 006.283930.1 solid waste collection service fees and charges, the city may continue to use the other billing and collection methods provided in this Chapter for any persons that receive residential solid waste collection services, but arc not included on the assessment roll adopted pursuant to Chapter 197, Florida Statutes. SECTION THREE. Severability. if any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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 FOUR. Codification. It is the intention of the City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or re-lettered and the word "ordinance" may be changed to "chapter," "section," "article," or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this ordinance may be renumbered or re- lettered and the correction of typographical errors which do not affect the intent maybe authorized by the City Manager, without need of public hearing, by filing a corrected or re- codified copy of same with the City Clerk. SECTION FIVE. Effective Date. This Ordinance shall become effective upon passage and adoption. PASSED AND ADOPTED this day of ,2003. 2 006.283930.1 APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor ADVERTISED , 2003 READ FIRST TIME , 2003 READ SECOND TIME AND ADOPTED , 2003 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY, THIS day of , 2003 FOLEY & LARDNER BY: CITY ATTORNEY 3 006.283930.1