The URL can be used to link to this page

Home My WebLink About2007-003 Opt Out Non-Ad Valorem Assessment for Solid Waste RESOLUTION NO. 2007-003 AN RESOLUTION OF THE CITY OF OCOEE, FLORIDA ADOPTING A POLICY ESTABLISHING THE REQUIREMENTS FOR AND METHOD BY WHICH SOLID WASTE CUSTOMERS MAY ELECT TO "OPT OUT" OF THE SOLID WASTE NON-AD VALOREM ASSESSMENT LEVIED IN ACCORDANCE WITH SECTION 143-9.2(A) OF THE OCOEE CITY CODE AND PAY FOR SOLID WASTE CHARGES ON A MONTHLY BASIS IN LIEU THEREOF; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 143-9.2(C) of the Ocoee City Code, the City Commission of the City of Ocoee desires to adopt a policy establishing the requirements for and method by which solid waste customers may "opt out" of the solid waste non-ad valorem assessment levied in accordance with section 143-9.2(A) of the Ocoee City Code and pay for solid waste charges on a monthly basis in lieu thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authoritv. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida, Chapter 166, Florida Statutes, and Section 143-9.2(C) of the Ocoee City Code. SECTION 2. Election to Provide Opt Out. Pursuant to Section 143-9.2(C) of the Ocoee City Code, the City Commission of the City of Ocoee hereby elects to provide a method by which certain solid waste customers may "opt out" of the solid waste non-ad valorem assessment levied in accordance with section 143-9.2(A) of the Ocoee City Code and pay for all solid waste charges and fees directly to the City on a monthly basis in lieu of being subject to such assessment. ORLA_ 444303.1 SECTION 3. Adoption of Policy. The Ocoee City Commission hereby adopts that certain "Solid Waste Non-Ad Valorem Assessment 'Opt Out' Policy" attached as Exhibit "A" hereto and by this reference made a part hereof. 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 ofthe remaining portion hereto. SECTION 5. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this' 5 day of i'Y\>..,}--, 2007, APPROVED: " ; ') I' "\ Beth Eikenberry, City Clerk (SEAL) APPROVED BY THE OCOEE CITY COMMISSION ON THE ABOVE DATE UNDER AGENDA ITEM NO. 'n FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPR9VED AS i"fP FORM AND LEGALITY this & day of /VtcL<; , 2007. FOLEff LARD~. By: Ij~~ City Attorney ORLA_ 444303.1 -2- EXHIBIT" A" SOLID WASTE NON-AD VALOREM ASSESSMENT "OPT OUT" POLICY This Solid Waste Non-Ad Valorem Assessment "Opt Out" Policy (this "Policy") is adopted pursuant to Section 143-9.2(C) of the Ocoee City Code for the purpose of establishing the requirements for and method by which solid waste customers may elect to "opt out" of the non-ad valorem assessment (the "Solid Waste Assessment") levied in accordance with Section 143-9.2(A) of the Ocoee City Code. 1. Effect of Opt Out. If a customer elects to "opt out" of the Solid Waste Assessment in accordance with this Policy, then that customer shall not be subject to the Solid Waste Assessment in the calendar year following such election and, in lieu thereof, shall pay all fees and charges for solid waste collection directly to the City on a monthly basis based on bills issued by the City and subject to all ordinances, policies and procedures applicable thereto. 2. Notice of Opportunity to Opt Out. a. The City Manger or his/her designee shall provide notice (the "Opt Out Notice") of the City's solid waste customers' opportunity to elect to "opt out" of the Solid Waste Assessment in accordance with this Policy. The Opt Out Notice shall list the eligibility requirements for electing to "opt out" of the Solid Waste Assessment and the method by which eligible customers may elect such "opt out." b. The Opt Out Notice shall be given as follows: i. For calendar year 2008, the Opt Out Notice shall be included in all utility bills issued by the City between May 18, 2007 and May 31, 2007. ii. For calendar year 2009 and all subsequent calendar years, the Opt Out Notice shall be included in all utility and, if applicable, solid waste bills issued by the City during February of each year. iii. Beginning in 2009, the Opt Out Notice will be posted on the City's website at least 60 days prior to the expiration of each annual "opt out" period. 3. Eligibility Requirements. A solid waste customer may elect to "opt out" of the Solid Waste Assessment only if all of the following requirements are met: a. The customer receives the "homestead" property tax exemption in accordance with Chapter 196, Florida Statutes, for the property with respect to which the customer seeks to "opt out" of the Solid Waste Assessment, and the customer can provide a copy of his or her homestead certificate or most recent property tax bill evidencing that the customer has a homestead exemption for such property. b. The customer is not delinquent in the payment of any current utility or solid waste bills issued by the City and the customer has not incurred any late fees in connection with any utility or solid waste bills issued by the City during the prior 12-month period. ORLA_ 444260.1 A-I c. The customer properly elects to "opt out" of the Solid Waste Assessment in accordance with the terms of this Policy. 4. Method for Election. If a customer is eligible to "opt out" of the Solid Waste Assessment, he or she may elect to "opt out" of the Solid Waste Assessment for the following calendar year by submitting to the City, during the Application Period (as defined below), all of the following: 1. A completed application on the applicable form provided by the City. 11. A $5 application pro.cessing fee. 111. A copy of the customer's homestead certificate or most recent tax bill. IV. Any other documentation required pursuant to the application form. 5. Application Period. a. The period during which the City will accept applications from customers seeking to "opt out" of the Solid Waste Assessment (the "Application Period") shall be as follows: i. For calendar year 2008, the Application Period shall be June 1,2007 through June 29, 2007. ii. F or calendar year 2009 and all subsequent calendar years, the Application Period shall be March 1 through April 15 of each year. b. Applications made during each Application Period shall be for the following calendar year. The City will provide each applicant with a written notice indicating whether his or her application has been approved. Except for applications submitted for Calendar year 2008, such notice shall be provided prior to June 1 of each year. 6. Availability of Application Forms. The application form to be used in order to elect to "opt out" of the Solid Waste Assessment shall be available on the City's web site and at City Hall. ORLA_ 444260.1 A-2