HomeMy WebLinkAboutOrdinance 88-68
ORDINANCE NO. 88-68
CITY OF OCOEE
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AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
PROVIDING FOR THE CREATION OF STORMWATER FACILITY
BENEFIT AREAS FOR THE MAINTENANCE OF STORMWATER
FACILITIES PURSUANT TO SECTION 403.0893, FLORIDA
STATUTES AND PROVIDING FOR THE COST OF MAINTENANCE
AND ADMINISTRATION TO BE PAID BY SPECIAL ASSESSMENT
OF BENEFITTED PROPERTY OWNERS; PROVIDING FOR
THE MANNER IN WHICH SAID ASSESSMENTS SHALL BE
MADE AND WHEN SAID ASSESSMENTS ARE TO BE PAID;
PROVIDING FOR THE PREPARATION OF ASSESSMENT ROLLS;
PROVIDING THAT INDIVIDUAL BENEFIT AREAS MAY BE
ESTABLISHED BY RESOLUTION; PROVIDING FOR NOTICE;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Ocoee, Florida finds that it is
necessary to maintain stormwater facilities within the City on
a routine and periodic basis; and
WHEREAS, the City desires to assess the property owners
benefitted by the maintenance of said stormwater facilities;
and
WHEREAS, the City desires to establish stormwater facility
benefit areas to equitably assess said property owners;
NOW, THEREFORE be it enacted by the People of the City
of Ocoee, Florida:
SECTION 1. The City Commission of the City of Ocoee
has the authority to adopt this Ordinance pursuant to Chapter
170 and Section 403.0893, Florida Statutes.
SECTION 2. The City Commission may establish by resolution
stormwater facility benefit areas to provide for the maintenance
of stormwater facilities within the area. The Resolution shall
provide the legal description of the area to be benefitted; the
. estimated annual cost of maintenance of the stormwater facilities
therein; and the estimated annual cost of administering the mainte-
nance program which shall not exceed ten percent of the cost
of maintenance.
SECTION 3. The cost of maintenance and administration
shall be paid by the property owners within the stormwater facility
benefit area. The property owners within the area shall be
.
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assessed a fee based upon acreage owned. Any facility benefit
area containing different land uses which receive substantially
different levels of stormwater benefits shall include facility
benefit sub-areas which shall be assessed different per acreage
fees from sub-area to sub-area based upon a reasonable relationship
to benefits received.
SECTION 4. The Assessment provided for herein shall
be paid annually. Any Assessment which is not timely paid as
described above shall be subject to a penalty of interest on
the outstanding Assessment of twelve percent per year.
SECTION 5. At the time of the adoption of the Resolution
establishing the stormwater facility benefit area, there shall
be on file with the City Clerk an Assessment Plat showing the
area to be assessed, with plans and specifications, and an estimate
of the cost of the proposed maintenance. The Assessment Plat,
plans and specifications, and estimate shall be open to the inspec-
tion of the public.
SECTION 6. Upon adoption of the Resolution establishing
the stormwater facility benefit area, the City shall prepare
an Assessment Roll which shall show the property assessed, the
assessment against each lot or parcel of land, and whether the
assessment is to be paid annually or in monthly installments.
SECTION 7. Upon the adoption of the Resolution establish-
ing the stormwater facility benefit area, the Resolution shall
be published once a week for two weeks in a newspaper of general
circulation in Orange County, Florida.
SECTION 8. 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 vailidity of
the remaining portion hereto.
SECTION 9. This Ordinance shall become effective immedi-
ately upon passage and adoption.
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PASSED AND ADOPTED this n rh day of .:rA-ilUA-llj
198'.
Advertised January 6
, 1989
Read First Time December 20
, 1988
Read Second Time
and Adopted January 17
, 1989
CITY OF OCOEE, FLORIDA
By:
:!:/L p J~v-J
Thomas R. Ison, Mayor
Attest:
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM AND LEGALITY
THIS t:i!!!- DAY OFs!. t-lUA~ ' 19B1
FOLEY & LARDNER, AN DE BERG,
GAY, BURKE, WIL ON & ARKIN
r--~
By: .
- :ITY ATTORNEY
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