VI (A2) Second Reading of Ordinance No. 2003-08, Amending Section 150 of the Code regarding Stormwater Management Agenda 2-18-2003
Item VI A 2
FOLEY : LARDNER
MEMORANDUM
CLIENT-MATTER NUMBER
020377-0247
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Jason G. Williams, Esq., Assistant City Attorney
THROUGH: Paul E. Rosenthal, Esq., City Attorney
DATE: January 29,2003
RE: Ordinance No. 2003-08; Chapter 150—Amending Chapter 150 (Stormwater
Management)to allow alternative billing and collection of stornlwatcr utility 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.
2003-08 amending Chapter 150 (Stormwater Management) 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 stormwater utility fees. 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 stormwater utility lees, any
persons that are responsible for such fees 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.
2003-08 and authorize the Mayor and City Clerk to execute the same.
006.284189.1 FOLEY a LARONER
ORDINANCE NO. 2003-08
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING
CHAPTER 150 OF THE CODE OF ORDINANCES OF THE CITY OF
OCOEE REGARDING STORMWATER MANAGEMENT;
AUTHORIZING THE USE OF THE UNIFORM METHOD OF
COLLECTION OF NON-AD VALOREM ASSESSMENTS FOR
STORMWATER UTILITY FEES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Ocoee desires to amend Chapter 150
(Stormwater Management) 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
stormwater utility fees; and
WHEREAS, the City of Ocoee desires under certain circumstances to continue the use of
the otheebilling and collection methods provided by Chapter 150 foe persons that ar„subject roof
the City Code in the event the City elects to collect stormwater utility fees utilizmgthe unitorm
method for the levy, but are not included in an assessment roll adopted-pursuant-to Chapter 197.
Florida Statutescollection and enforcement of non-ad valore_m__a_ssessments.
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, 197, and 403 (Part I), Florida Statutes.
SECTION TWO. Chapter 150. Chapter 150 of the Code of Ordinances is
hereby amended by the addition of the following new section:
SECTION 150-7.1. Alternative Method of Billing and Collection of Fees.
A. As an alternative to the monthly billing of stormwater utility fees provided
in 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 stormwater utility fees.
B. In the event that the city utilizes the uniform method for the levy,
collection, and enforcement of non-ad valorem assessments for stormwater utility
008.284825.1
fees, the city niayshalI continue to use the other billing and collection methods
provided in this Chapter for ally persons that are subject to--suehthe billing_and
collection of stormwater utility fees, butthat are not included on the assessment
roll adopted pursuant to Chapter 197, Florida Statutes I urther, in the event there
is an increase in the impervious area of non-residential nropertv which is included
on the assessment roll and such increase results in an increased stormwater utility
fee under the provisions of this Cha to er. then in such event the City shall use the
other billing and collection methods provided in this Chanter for the hillin>and
collection of any such increased amount of the stormwater utility fee not
otherwise collected lhy 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 he 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.
SECTION FIVE. Effective Date. This Ordinance shall become effective upon
passage and adoption.
2
006.284825.1
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:
CITY ATTORNEY
3
006.284825.1