HomeMy WebLinkAboutOrdinance 2003-08
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ORDINANCE NO. 2003-08
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING
CHAPTER 150 OF THE CODE OF ORDINANCES OF THE CITY OF
OCOEE REGARDING STORMWATER MANAGEMENT;
AUTHORIZING THE USE OF THE UNIFORM METHOD OF
COLLECTION OF NON-AD VALOREM ASSESSMENTS FOR
STORMW ATER UTILITY FEES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Ocoee desires to amend Chapter 150
(Stormwater Management) of the Code of Ordinances of the City ofOcoee;
WHEREAS, the City of Ocoee desires to have flexibility in the billing and collection of
stormwater utility fees; and
WHEREAS, the City of Ocoee desires under certain circumstances to continue the use of
the e#leF-billing and collection methods provided by Chapter 150 for persons that are subject toof
the City Code in the event the City elects to collect stormwater utility fees utilizing the uniform
method for the levy, but are not included in an assessment roll adopted pursuant to Chapter 197,
Florida 8tatutescollection and enforcement of non-ad valorem assessments.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA AS FOLLOWS:
SECTION ONE. Authoritv. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Article vrn of the Constitution of the State of
Florida and Chapters 166, 197, and 403 (Part I), Florida Statutes.
SECTION TWO. Chapter 150. Chapter 150 of the Code of Ordinances is
hereby amended by the addition of the following new section:
SECTION 150-7.1. Alternative Method of Billing and Collection of Fees.
A. As an alternative to the monthly billing of stormwater utility fees 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 stormwater utility fees.
B. In the event that the city utilizes the uniform method for the levy,
collection, and enforcement of non-ad valorem assessments for stormwater utility
006.284825.1
fees, the city m:ayshall continue to use the other billing and collection methods
provided in this Chapter for any persons that are subject to suchthe billing and
collection of stormwater utility fees, ffiHthat are not included on the assessment
roll adopted pursuant to Chapter 197, Florida Statutes. Further, in the event there
is an increase in the impervious area of non-residential property which is included
on the assessment roll and such increase results in an increased stormwater utility
fee under the provisions of this Chapter, then in such event the City shall use the
other billing and collection methods provided in this Chapter for the billing and
collection of any such increased amount of the stormwater utility fee not
otherwise collected by the uniform method for the levy, collection and
enforcement of non-ad valorem assessments.
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-Iettered 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.
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006.284825.1
PASSED AND ADOPTED this
ATTEST:
Jean Grafton, City Clerk
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
006.284825.1
day of
,2003.
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED , 2003
READ FIRST TIME
, 2003
READ SECOND TIME AND ADOPTED
, 2003
UNDER AGENDA ITEM NO.
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006.284825.1