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HomeMy WebLinkAboutItem #05 Resolutions Adopting a Uniform Method of Collection for Stormwater and Solid Waste Fees AGENDA ITEM COVER SHEET Meeting Date: February 21, 2006 Item # 5 Contact Name: Contact Number: Tonya Elliott 6003 Reviewed By: Department Director: City Manager: J~:~_ Subject: ... Resolutions Adopting a Uniform Method . ()fCollE~ction for. Sto.rlTlWater and Solid Waste Fees Background Summary: Pursuant to Section 197.3632 ofthe Florida Statutes a municipality has the right to pursue placing certain city services on the County Tax Roll as a non advalorem uniform method of collection for fees and charges. City Commission has directed staff to place the Stormwater Utility Fees and Solid Waste Fees on the Orange County Tax Roll. Staff has advertised a "Notice oflntent" for four consecutive weeks as required prior to the approval. This Resolution will be forwarded to the Orange County Appraiser's office as required to complete the process. Issue: Should the City Commission approve the resolutions proposed for placement of Solid Waste and Stormwater Utility Fees on the Orange County Tax Roll? Recommendations Staff respectfully requests that City Commission approve the resolutions to place Solid Waste and Stormwater Utility Fees on the Orange County Tax Roll as a uniform method of collection for non advalorem taxes. Attachments: Resolution for Stormwater, Resolution for Solid Waste Financial Impact: n/a Type of Item: o Public Hearing o Ordinance First Reading o Ordinance Second Reading [8J Resolution o Commission Approval o Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution For Clerk's Deaf Use: o Consent Agenda [8J Public Hearing o Regular Agenda o o Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) D N/A [gJ N/A D N/A City Manager Robert Frank Commissioners Gary Hood. District 1 Scott Anderson. District 2 Rusty Johnson, District 3 Nancy J. Parker, District 4 Mayor S. Scott Vandergrift STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Tonya Elliott, Assistant Director of Public Works DATE: February 9, 2006 RE: Resolutions Adopting a Uniform Method of Collection for Stormwater and Solid Waste Fees ISSUE Should the City Commission approve the resolutions proposed for placement of the Solid Waste and Stormwater Utility Fees on the Orange County Tax Roll? BACKGROUNDIDISCUSSION Pursuant to Section 197.3632 of the Florida Statutes a municipality has the right to pursue placing certain city services on the County Tax Roll as a non advalorem uniform method of collection for fees and charges. City Commission has directed staff to place the Stormwater Utility Fees and Solid Waste Fees the Orange County Tax Roll. Staff has advertised a "Notice ofIntent" for four consecutive weeks as required prior to the approval. This Resolution will be forwarded to the Orange County Appraiser's office as required to complete the process. RECOMMENDATION Staff respectfully requests that the City Commission approve the resolutions to place Solid Waste and Stormwater Fees on the Orange County Tax Roll as a uniform method of collection for non advalorem taxes. RESOLUTION NO. 2006- A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, DECLARING ITS INTENT TO USE THE UNIFORM METHOD FOR THE LEVY, COLLECTION AND ENFORCEMENT OF NON-AD VALOREM ASSESSMENTS REGARDING THE BASE RATE FOR RESIDENTIAL SOLID WASTE COLLECTION SERVICE FEES AND CHARGES; PROVIDING FOR NOTICES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee, Florida desires to declare its intent to use the uniform method for the levy, collection, and enforcement of non-ad valorem assessments as more fully set forth in this Resolution; and WHEREAS, the Orange County Property Appraiser and the Orange County Tax Collector have agreed that this Resolution may be adopted at a public hearing prior to March 1, 2006, rather than January 1,2006; and WHEREAS, the City has published notice of its intent to use the uniform method for collecting assessments weekly in a newspaper of general circulation in the City of Ocoee and Orange County for four (4) consecutive weeks preceding the public hearing to consider adoption of this Resolution; and WHEREAS, this Resolution has been adopted at an advertised public hearing in accordance with the provisions of Section 197.3632, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City ofOcoee has the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida Chapters 166 and 197, Florida Statutes, and Section 143-9.2 of the Code of Ordinances of the City of Ocoee. SECTION 2. Statement of Need. The City of Ocoee currently bills monthly to collect the base rate for residential solid waste (garbage) collection service fees and charges. The current method of billing and collection of the base rate for residential solid waste ORLA_3991 01 ,1 collection service fees is cumbersome, time consuming and inefficient, with a portion of the subject accounts being delinquent or uncollectible. SECTION 3. Statement of Intent. Pursuant to Section 197.3632, Florida Statutes, the City of Ocoee hereby declares its intent to utilize the uniform method for the levy, collection, and enforcement of non-ad valorem assessments for the base rate for residential solid waste collection service fees and charges within the City of Ocoee. SECTION 4. Property Subject to Levv. All of the real property that is located within the corporate limits of the City of Ocoee, Florida, as more particularly described on Exhibit "A", attached hereto and by this reference made a part hereof, will be subject to the levy and collection method described above. SECTION 5. Notices. Pursuant to Section 197.3632(3)(a), Florida Statutes, the City Clerk is hereby authorized and directed to send on behalf of the Ocoee City Commission a copy of this Resolution by United States Mail to the Orange County Property Appraiser, the Orange County Tax Collector, and Florida Department of Revenue by March 10, 2006. SECTION 6. 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 of the remaining portion hereto. SECTION 7. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this _ day of February, 2006. ORLA_399101.1 -2- ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this _ day of February, 2006. FOLEY & LARDNER LLP By: City Attorney ORLA_3991 01 ,1 APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor APPROVED BY THE OCOEE CITY COMMISSION AT AN ADVERTISED PUBLIC HEARING HELD ON THE ABOVE DATE UNDER AGENDA ITEM NO. ADVERTISED: January & , 2006 February & _, 2006 -3- RESOLUTION NO. 2006- A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, DECLARING ITS INTENT TO USE THE UNIFORM METHOD FOR THE LEVY, COLLECTION AND ENFORCEMENT OF NON-AD VALOREM ASSESSMENTS REGARDING STORMWATER UTILITY FEES; PROVIDING FOR NOTICES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee, Florida desires to declare its intent to use the uniform method for the levy, collection, and enforcement of non-ad valorem assessments as more fully set forth in this Resolution; and WHEREAS, the Orange County Property Appraiser and the Orange County Tax Collector have agreed that this Resolution may be adopted at a public hearing prior to March 1, 2006, rather than January 1, 2006; and WHEREAS, the City has published notice of its intent to use the uniform method for collecting assessments weekly in a newspaper of general circulation in the City of Ocoee and Orange County for four (4) consecutive weeks preceding the public hearing to consider adoption of this Resolution; and WHEREAS, this Resolution has been adopted at an advertised public hearing in accordance with the provisions of Section 197.3632, Florida Statutes. 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 ofOcoee has the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida Chapters 166 and 197, Florida Statutes, and Chapter 150 of the Code of Ordinances of the City of Ocoee. SECTION 2. Statement of Need. The City of Ocoee currently bills monthly to collect stormwater utility fees. The current method of billing and collection of ORLA_ 402441.1 stormwater utility fees is cumbersome, time consuming and inefficient, with a portion of the subject accounts being delinquent or uncollectible. SECTION 3. Statement of Intent. Pursuant to Section 197.3632, Florida Statutes, the City of Ocoee hereby declares its intent to utilize the uniform method for the levy, collection,' and enforcement of non-ad valorem assessments for stormwater utility fees within the City of Ocoee. SECTION 4. Property Subject to Levv. All of the real property that is located within the corporate limits of the City of Ocoee, Florida, as more particularly described on Exhibit "A", attached hereto and by this reference made a part hereof, will be subject to the levy and collection method described above. SECTION 5. Notices. Pursuant to Section 197.3632(3)(a), Florida Statutes, the City Clerk is hereby authorized and directed to send on behalf of the Ocoee City Commission a copy of this Resolution by United States Mail to the Orange County Property Appraiser, the Orange County Tax Collector, and Florida Department of Revenue by March 10, 2006. SECTION 6. 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 7. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this _ day of February, 2006. ORLA_ 402441,1 -2- ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this _ day of February, 2006. FOLEY & LARDNER LLP By: City Attorney ORLA_ 402441.1 APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor APPROVED BY THE OCOEE CITY COMMISSION AT AN ADVERTISED PUBLIC HEARING HELD ON THE ABOVE DATE UNDER AGENDA ITEM NO. ADVERTISED: January & ,2006 February & _, 2006 -3-