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HomeMy WebLinkAboutItem #09 Amend. to Ch. 143 AGENDA ITEM COVER SHEET Meeting Date: January 17, 2006 Item # ~ Contact Name: Contact Number: Tanya Elliott 6003 Reviewed By: Department Director: City Manager: ~ --- Background Summary: Staff has recommended amending the existing Chapter 143 of the City's Code of Ordinances relating to Solid Waste to add a section to the existing ordinance authorizing the utilization of a uniform method of collection of non-ad valorem assessments for residential solid waste service fees and charges. The new section 143-9.2. will allow for an alternative method of billing collections of fees through the Orange County Property Appraisers Office should the city so desire as pursuant to Section 197.3632 of the Florida Statutes. The ordinance still allows for the city to retract that method of charging for services and return to our current billing process. Issue: Should the City Commission approve the amendments to Chapter 143 of the City Code relating to Solid Waste? Recommendations Staff respectfully requests that City Commission approve the amendments to Chapter 143 of the City Code relating to Solid Waste? Attachments: Amended Chapter 143 of the City Code of Ordinances Financial Impact: nla Type of Item: D Public Hearing D Ordinance First Reading ~ Ordinance Second Reading D Resolution D Commission Approval D Discussion & Direction Original DocumenUContract Attached for Execution by City Clerk Original DocumenUContract Held by Department for Execution For Clerk's Deot Use: D Consent Agenda ~ Public Hearing D Regular Agenda o o Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) o N/A [8J N/A D N/A City Manager Robert Frank Commissioners Qary Boo~l, Dif?.1ricll Scott Anderson. District 2 Rustv Johnson, District 3 Nancy J. Parker, District 4 MIJ-YQf. !~L.l.')cott V llndergrift STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Tonya Elliott, Assistant Director of Public Works DATE: January 6, 2006 RE: Ordinance Amending Chapter 143 of the City Codes Relating to Solid Waste- 2nd Reading ISSUE Should the City Commission approve the amendments to Chapter 143 of the City Code relating to Solid Waste? BACKGROUND/DISCUSSION Staff has recommended amending the existing Chapter 143 of the City's Code of Ordinances relating to Solid Waste to add a section to the existing ordinance authorizing the utilization of a uniform method of collection of non-advalorem assessments for residential solid waste service fees and charges. The new section 143-9.2. will allow for an alternative method of billing collections of fees through the Orange County Property Appraisers Office should the city so desire as pursuant to Section 197.3632 of the Florida Statutes. The ordinance still allows for the city to retract that method of charging for services and return to our current billing process. RECOMMENDATION Staff respectfully requests that City Commission approve the amendments to Chapter 143 of the City Code relating to Solid Waste? 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 of Ocoee; 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 billing and collection methods provided by Chapter 143 of the City Code in the event the City elects to collect the base rate for residential solid waste collection service 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 as 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, Florida Statutes, for such residential solid waste collection service fees and charges. 006,283930.2 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 shall continue to use the other billing and collection methods provided in this Chapter for the billing and collection of residential solid waste 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 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-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. 006,283930.2 2 SECTION FIVE. Effective Date. This Ordinance shall become effective upon passage and adoption. PASSED AND ADOPTED this day of . ,2006. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor ADVERTISED , 2006 READ FIRST TIME , 2006 READ SECOND TIME AND ADOPTED , 2006 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED AS TO FORM AND LEGALITY, THIS day of ,2006 FOLEY & LARDNER BY: CITY ATTORNEY 006.283930,2 3 Copy of Public Hearing Advertisement Date Published G4 Orlando Sentinel SATURDAY, JANVARY 7, 200~ Advertisement CITY OF acOEE - PUBUC HEARING A P._lie HN,i", betore the Oeueo City CommISsion will be held Tuesday, January 17, 2006, at 7:15 p.m. or as soon thereafter as may be heard, in the Commission Cham- bers of Cily Hall at 150 North Lakeshore Drive, , ?t.~<fo\'lo~I:i~~a, 10 consider ,:;: AN ORDINANCf BY THE CITY COMMISSION OF THE CITY OF OCOEE. R.ORlDA. AMEND- ING CHAPTER 143 OF THE CODE OF ORDINANCES OF THE CITY OF DCOEE REGARD- ING THE SOUD WASTE; AU- THORIZING THE USE OF THE UNIFORM METHOD OF COL- LEmON OF NON-AD VALO. REM ASSESSMENTS FOR RESIDENTIAL SOUD WASTE COLLECTION SERVICE FEES ANO CHARGES: PROVIDING FOR SEVERABILITY; PROVID- 11IG FOR CODIRCATION; PRO- VIDING FOR AN EFFECTIVE DATE. I t a person decides 10 ap- peal any decision mode bY the above City Commission with respecl to any motter considered at such hearing, theY will need a record of the proceedings, and for such purpOSe they may need to ensure that a verbatim record of the proceedings is made, which record in- cludes the testimony and ev- Idence upon which the ap- peal is to be bosed. All Interested pOrtles ore in- vited to attend and be heard with respect to the above. In accordance with the Ameri- cans with Disabilities Act, persons needing a special accommodation or an Inter- preter to participate in this proceeding should conlact the City Clerk's office at 407-905-3105 at least two days prior to the date of hearing. Beth Eikenberry, CMC City Clerk I COR6556154 JAN.7,2006\ "