VI (A1) Second Reading of Ordinance No. 2003-07, Amending Section 143 of the Code Regarding Solid Waste Agenda 2-18-2003
Item VI A 1
FOLEY : LARDNER
MEMORANDUM
CLIENT-MATTER NUMBER
020077-020B
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Jason Cr. Williams. Esq., Assistant City Attorney
THROUGH: Paul E. Rosenthal, Esq., City Attorney
DATE: January 29, 2003
RE: Ordinance No. 2003-07; Chapter 143—Amending Chapter 143 (Solid Waste) to
allow alternative billing and collection of residential solid waste collection fees
using the uniform method for collection of non-ad valorem assessments
Pursuant to the request of the City Manager we have prepared Ordinance No.
2003-07 amending Chapter 143 (Solid Waste) of the City Code of the City of Ocoee. The
ordinance provides flexibility to the City to determine whether or not to utilize the uniform
method for the levy, collection, and enforcement of non-ad valorem assessments as provided in
Section 197.3632, Florida Statutes for residential solid waste collection service fees and charges.
The ordinance does not obligate or in any way require the City to utilize the uniform method for
the levy, collection, and enforcement of non-ad valorem assessments for these fees, but provides
the flexibility for the City to consider utilizing this method. The ordinance also provides that
upon the City's election to utilize the uniform method for billing and collection of residential
solid waste collection fees and charges, any persons that receive such services but are not on the
assessment roll adopted by the City shall be billed for such fees and such fees shall be collected
in accordance with the current code provisions. This would occur in the event that a certificate
of occupancy or a certificate of completion were issued for property after the assessment roll was
adopted by the City.
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt Ordinance No.
2003-07 and authorize the Mayor and City Clerk to execute the same.
006.284187.1 FOLEY 8,LARDNER
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 certaincircumstances to continue the use of
the other 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 :Baca:anent roll adopted pursuant to Chapter 197. Lida
Statutenservicc fees and charges uhhzm� tt_ he uniform method for the levy, collection and
enforcement of non-advalorem assessments.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA AS FOLLOWS:
SECTION ONE. 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 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 (garb e).collection service fees and charges p .—.nas they many
from time-to-time be established by resolution_p_nrsuantto 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 chafes
that are not included on the assessment roll adopted pursuant to Chapter 197,
Florida Statutes. Further with respect to fees and char es for the collection of
residential solid. waste yard waste/yard trash rec}clable materials and for other
services provided by the Cat y 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 billitykLand collection methods provided in this Chapter
for the billingand collection of an such fees and charges not otherwise collected
bv 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-lettered 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.
2
006.284824.1
SECTION FIVE. Effective Date. This Ordinance shall become effective upon
passage and adoption.
PASSED AND ADOPTED this day of , 2003.
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:
CrrY Arrp2NNY
3
006.284824.1
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