HomeMy WebLinkAboutOrdinance 2003-07
lA~lED ON
teb'-~ 19, ~()03
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 ofOcoee;
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 under certain circumstances to continue the use of
the etflef-billing and collection methods provided by Chapter 143 of the City Code in the event
the City elects to collect the base rate for persons that receive residential solid waste collection
services, but are not included in an assessment roll adopted pursuant to Chapter 197, Florida
Stututesservice fees and charges utilizing the uniform method for the levy, collection 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 ofOcoee has the
authority to adopt this Ordinance pursuant to Article VIII 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 the base rate for residential
solid waste (garbage) collection service fees and charges provided inas they may
from time-to-time be established by resolution pursuant to the provisions of 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,
006.284824.1
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 the collection of
the base rate for such residential solid waste collection service fees and charges,
the city mayshall continue to use the other billing and collection methods
provided in this Chapter for any persons that receivethe billing and collection of
residential solid waste collection services, but collection service fees and charges
that are not included on the assessment roll adopted pursuant to Chapter 197,
Florida Statutes. Further with respect to fees and charges for the collection of
residential solid waste, yard waste/yard trash, recyclable materials and for other
services provided by the City or a franchisee of the City which are not included in
the base rate for residential solid waste (garbage) collection, the City shall
continue to use the other billing and collection methods provided in this Chapter
for the billing and collection of any such fees and charges 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 ofthe 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-Iettered 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.
2
006.284824.1
SECTION FIVE. Effective Date. This Ordinance shall become effective upon
passage and adoption.
day of
,2003.
PASSED AND ADOPTED this
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
006.284824.1
Count
Insertions
Deletions
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Total chan es
14
9
o
o
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23
006.284824.1