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Home My WebLink AboutItem VI (B2) - Mid-Year Budget Review - First Reading Ordinance No 91-03, Relating to the City Budget AGENDA 4-16-91 Item VI B 2 ORDINANCE NO. 91-03 AN ORDINANCE OF THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA, RELATING TO THE CITY BUDGET; AMENDING THE CITY BUDGET ADOPTED BY RESOLUTION NO. 90-16 FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1990 AND ENDING SEPTEMBER 30, 1991 BY PROVIDING FOR REDUCTION OF APPROPRIATIONS, TRANSFER OF FUNDS BETWEEN AND WITHIN DEPARTMENTS, AND SUPPLEMENTAL APPROPRIATIONS FOR DEBT SERVICE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapter 166 Florida Statutes, and Section 8 of Chapter VI of the Ocoee City Charter. SECTION 2. Intent and Purpose. The City of Ocoee budget for the Fiscal Year beginning October 1, 1990 and ending September 30, 1991, as adopted by Resolution No. 90-16, is hereby amended as follows: 1. Reduction of appropriations totaling $137,605.20, in summary as follows: EXHIBIT A (PART 1) FUND 001 <422,170.20> FUND 401 37,720.00 FUND 402 <44,000.00> FUND 403 290,845.00 <137,605.20> EXHIBIT A (PART 2) FUND 001 <422,170.20> FUND 401 37,720.00 FUND 402 <44,000.00> FUND 403 290,845.00 <137,605.20> and as shown in detail in Exhibit A, part 1 and part 2, attached hereto and incorporated herein by reference are hereby confirmed, adopted and approved in all repects by the City Commission of the City of Ocoee. 2. Transfers of funds between departments totaling $237,514.40, in summary as follows: EXHIBIT B FUND 001 66,625.36 FUND 401 143,707.39 • FUND 402 0.00 FUND 403 27,181.65 237,514.40 and as shown in detail in Exhibit B, attached hereto and incorporated herein by reference are hereby confirmed, adopted and approved in all respects by the City Commission of the City of Ocoee. • 3. Transfers of funds within departments totaling $13,488.40, in summary as follows: EXHIBIT C FUND 001 12,081.17 FUND 402 1,407.23 13,488.40 and as shown in Exhibit C, attached hereto and incorporated herein by reference are hereby confirmed, adopted and approved in all respects by the City Commission of the City of Ocoee. 4. Supplemental appropriations for debt service totalling $676,400.00 as shown in detail in Exhibit D, attached hereto and incorporated herein by reference are hereby confirmed, adopted and approved in all respects by the City Commission of the City of Ocoee. SECTION 3. Appropriations. There are hereby expressly appropriated out of anticipated revenues all funds and monies necessary to meet the supplemental appropriations stipulated by and in said amended final budget. SECTION 4. 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, distict and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk Lester Dabbs, Jr., Mayor (SEAL) Advertised April 25 , 1991 Read First Time April 16 , 1991 Read Second Time and Adopted ,1991 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, APPROVED BY THE OCOEE CITY APPROVED AS TO FORM AND COMMISSION AT A MEETING LEGALITY, this day HELD ON , 1991 of , 1991 UNDER AGENDA ITEM NO. VA FOLEY & LARDNER By: AGENDA 4-16-91 Item VI C 1 FOLEY & LARDNER III NORTH ORANGE AVENUE, SUITE 1800 ORLANDO, FLORIDA 32801-2386 TELEPHONE (407) 423-7656 FACSIMILE (407) 648-1743 TAMPA, FLORIDA MAILING ADDRESS: MILWAUKEE, WISCONSIN JACKSONVILLE, FLORIDA POST OFFICE BOX 2193 MADISON, WISCONSIN TALLAHASSEE, FLORIDA ORLANDO, FL 32802-2193 WASHINGTON, D.C. WEST PALM BEACH, FLORIDA ALEXANDRIA, VIRGINIA ANNAPOLIS, MARYLAND MEMORANDUM CHICAGO, ILLINOIS TO: Mr. Jim Shira , City Engineer FROM: Paul E. Rosenthal, City Attorney DATE: February 11 , 1991 RE: Lien for Unpaid Sewer and Water Fees Pursuant to your request, please find enclosed a proposed Ordinance which would give the City a lien on real property for unpaid sewer and water fees , rates and charges. The City Code does not currently provide for such a lien. County governments currently have a lien on real property for unpaid sewer and water fees pursuant to the provisions of Section 153 .67 , Florida Statutes . No similar provision exists for municipal governments . The Statute establishing the County lien provides that it is "superior and paramount to the interest on such parcel of any owner, lessee, tenant, mortgagee or other person except the lien of County taxes and shall be on a parody with the lien of any such County taxes" . The City of Sarasota adopted an ordinance which attempted to establish a similar priority for Code Enforcement Board liens . The Second District Court of Appeals recently found the Sarasota ordinance to be unconsitutional as applied to the particular facts which would have created a priority over an existing mortgage. Rather than become embroiled in a legal debate over the ability to establish priority of the lien by ordinance, we have included a provision in the proposed ordinance which allows for the recording of a Notice of Lien. The priority of the lien would commence no later than the date of recording of such a notice and would likely be subordinate to liens existing prior to the date of recording. In layman' s language, the lien for sewer and water fees would be inferior to tax liens and any L \ FEB I 21991 Mr. Jim Shira February 11, 1991 Page 2 mortgages recorded prior to the recording of the Notice of Lien. From a practical standpoint, I believe that the ability to record a Notice of Lien will assist the City in its collection efforts without regard to the issue of priority. If you have any questions or require any revisions to the proposed ordinance, please let me know. faJ Paul E. Rosenthal PER/jh Enclosure cc: Mr. Ellis Shapiro, City Manager (w/encl) ORDINANCE NO. 91- 04 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO WATER AND SEWERS; CREATING A NEW SECTION 22-4.1 OF CHAPTER 22 OF THE CODE RELATING TO WATER AND SEWER CHARGES; PROVIDING FOR A LIEN ON REAL PROPERTY SERVICED BY THE CITY'S WATER AND SEWER FACILITIES UPON NONPAY- MENT OF CHARGES WHEN DUE; PROVIDING FOR SEVER- ABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to provide for a lien on property serviced by the City's water and sewer systems if the charges for the water and sewer services are not paid when due, in order to facilitate collection of such charges. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapter 166, Florida Statutes and Section 27 of Article II of the Ocoee City Charter. SECTION 2. Section 22-4.1 of Article I of Chapter 22 of the Code of Ordinances of the City of Ocoee, Florida, is hereby adopted as follows: Section 22-4.1 UNPAID FEES TO CONSTITUTE LIEN In the event that the fees, rates or charges for the services and facilities of the water or sewer system shall not be paid as and when due, any unpaid balance thereof, along with all interest accruing thereon, shall be and constitute a lien on any parcel or property affected thereby. The City may record in the Public Records of Orange County, Florida a Notice of Lien giving notice to all persons that the City is asserting a lien upon the affected parcel or property. In the event that any such service charge shall not be paid as and when due and shall be in default for thirty (30) days or more, the unpaid balance thereof and all interest accrued thereon, together with the costs of collection, including, but not limited to, attorneys' fees and costs, may be recovered by the City in a civil action, and any such lien, accrued interest and any additional costs may be fore- closed or otherwise enforced by the City by action or suit in equity as for the foreclosure of a mortgage on real property. Section 3. 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. I Section 4. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1991. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA 1 Jean Grafton, City Clerk Lester Dabbs, Jr. , Mayor (SEAL) ADVERTISED April 25 , 1991 READ FIRST TIME April 16 , 1991 1 READ SECOND TIME AND ADOPTED , 1991 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1991. FOLEY & LARDNER By: City Attorney FLOPPY/5153M(9) 01 (02/09/91) 1 - 2 - i I I