Item #09 Adopt Tax Roll Assessment "Opt Out" Resolution for Solid Waste Fees
AGENDA ITEM COVER SHEET
Meeting Date: May 15, 2007
Item # 9
Contact Name:
Contact Number:
Stephen Krug
6002
Reviewed By:
Department Director:
City Manager:
Subject: Adopt Tax Roll Assessment "Opt Out" Resolution for Solid Waste Fees
Background Summary:
Last year the City Commission approved placing residential solid waste fees on the Orange County tax roll
assessment. The first year of utilizing this method of collection has been very successful. Since that time City
Commission directed staffto bring forward an "opt out" option for homeowners who prefer to be billed monthly by
the city for this service.
The new resolution and policy details the following items; effect of opt out, notice of opportunity to opt out,
eligibility requirements, method for election, application period, and availability of application forms.
In order to "opt out", homeowners must provide proof of a valid homestead exemption and must have city utility
accounts that are in good standing for at least a 12-month period.
Issue:
Should the City Commission approve an "opt out" resolution and policy for solid waste service fees?
Recommendations
Staff has provided the City Commission with a resolution and "opt out" policy for their review and action.
Attachments:
Resolution and "Opt Out" Policy (Exhibit A)
Financial Impact:
Type of Item: (please mark wifh an "x'J
Public Hearing
_ Ordinance First Reading
_ Ordinance Second Reading
Resolution
~ Commission Approval
Discussion & Direction
For Clerk's Deaf Use:
_____ Consent Agenda
_____ Public Hearing
_____ Regular Agenda
_ Original Document/Contract Attached for Execution by City Clerk
_ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
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N/A
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RESOLUTION NO.
AN RESOLUTION OF THE CITY OF OCOEE, FLORIDA
ADOPTING A POLICY ESTABLISHING THE
REQUIREMENTS FOR AND METHOD BY WHICH SOLID
WASTE CUSTOMERS MAY ELECT TO "OPT OUT" OF THE
SOLID WASTE NON-AD VALOREM ASSESSMENT LEVIED
IN ACCORDANCE WITH SECTION 143-9.2(A) OF THE
OCOEE CITY CODE AND PAY FOR SOLID WASTE
CHARGES ON A MONTHLY BASIS IN LIEU THEREOF;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Section 143-9.2(C) of the Ocoee City Code, the City
Commission of the City of Ocoee desires to adopt a policy establishing the requirements for and
method by which solid waste customers may "opt out" of the solid waste non-ad valorem
assessment levied in accordance with section 143-9.2(A) of the Ocoee City Code and pay for solid
waste charges on a monthly basis in lieu thereof.
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 of Ocoee has the authority to
adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida, Chapter
166, Florida Statutes, and Section 143-9.2(C) of the Ocoee City Code.
SECTION 2. Election to Provide Opt Out. Pursuant to Section 143-9.2(C) of the Ocoee
City Code, the City Commission of the City of Ocoee hereby elects to provide a method by which
certain solid waste customers may "opt out" of the solid waste non-ad valorem assessment levied in
accordance with section 143-9.2(A) of the Ocoee City Code and pay for all solid waste charges and
fees directly to the City on a monthly basis in lieu of being subject to such assessment.
ORLA_ 444303.1
SECTION 3. Adoption of Policy. The Ocoee City Commission hereby adopts that certain
"Solid Waste Non-Ad Valorem Assessment 'Opt Out' Policy" attached as Exhibit "A" hereto and
by this reference made a part hereof.
SECTION 4. 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 5. Effective Date. This Resolution shall become effective immediately upon
passage and adoption.
PASSED AND ADOPTED this _ day of
,2007.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
APPROVED BY THE OCOEE CITY
COMMISSION ON THE ABOVE DATE
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this _ day of ,2007.
FOLEY & LARDNER LLP
By:
City Attorney
ORLA_ 444303.1
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EXHIBIT" A"
SOLID WASTE NON-AD VALOREM ASSESSMENT "OPT OUT" POLICY
This Solid Waste Non-Ad Valorem Assessment "Opt Out" Policy (this "Policy") is adopted
pursuant to Section 143-9.2(C) of the Ocoee City Code for the purpose of establishing the
requirements for and method by which solid waste customers may elect to "opt out" of the non-ad
valorem assessment (the "Solid Waste Assessment") levied in accordance with Section 143-9.2(A)
of the Ocoee City Code.
1. Effect of Opt Out. If a customer elects to "opt out" of the Solid Waste Assessment
in accordance with this Policy, then that customer shall not be subject to the Solid Waste
Assessment in the calendar year following such election and, in lieu thereof, shall pay all fees and
charges for solid waste collection directly to the City on a monthly basis based on bills issued by the
City and subject to all ordinances, policies and procedures applicable thereto.
2. Notice of Opportunity to Opt Out.
a. The City Manger or his/her designee shall provide notice (the "Opt Out
Notice") of the City's solid waste customers' opportunity to elect to "opt out" of the Solid
Waste Assessment in accordance with this Policy. The Opt Out Notice shall list the
eligibility requirements for electing to "opt out" of the Solid Waste Assessment and the
method by which eligible customers may elect such "opt out."
b. The Opt Out Notice shall be given as follows:
i. For calendar year 2008, the Opt Out Notice shall be included in all
utility bills issued by the City between May 18, 2007 and May 31, 2007.
ii. For calendar year 2009 and all subsequent calendar years, the Opt Out
Notice shall be included in all utility and, if applicable, solid waste bills issued by the
City during February of each year.
111. Beginning in 2009, the Opt Out Notice will be posted on the City's
website at least 60 days prior to the expiration of each annual "opt out" period.
3. Eligibility Requirements. A solid waste customer may elect to "opt out" of the Solid
Waste Assessment only if all of the following requirements are met:
a. The customer receives the "homestead" property tax exemption in
accordance with Chapter 196, Florida Statutes, for the property with respect to which the
customer seeks to "opt out" of the Solid Waste Assessment, and the customer can provide a
copy of his or her homestead certificate or most recent property tax bill evidencing that the
customer has a homestead exemption for such property.
b. The customer is not delinquent in the payment of any current utility or solid
waste bills issued by the City and the customer has not incurred any late fees in connection
with any utility or solid waste bills issued by the City during the prior 12-month period.
ORLA_ 444260.1
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c. The customer properly elects to "opt out" of the Solid Waste Assessment in
accordance with the terms of this Policy.
4. Method for Election. If a customer is eligible to "opt out" of the Solid Waste
Assessment, he or she may elect to "opt out" of the Solid Waste Assessment for the following
calendar year by submitting to the City, during the Application Period (as defined below), all ofthe
following:
1. A completed application on the applicable form provided by the City.
11. A $5 application processing fee.
111. A copy of the customer's homestead certificate or most recent tax bill.
IV. Any other documentation required pursuant to the application form.
5. Application Period.
a. The period during which the City will accept applications from customers
seeking to "opt out" of the Solid Waste Assessment (the "Application Period") shall be as
follows:
i. For calendar year 2008, the Application Period shall be June 1, 2007
through June 29, 2007.
ii. For calendar year 2009 and all subsequent calendar years, the
Application Period shall be March 1 through April 15 of each year.
b. Applications made during each Application Period shall be for the following
calendar year. The City will provide each applicant with a written notice indicating whether
his or her application has been approved. Except for applications submitted for Calendar
year 2008, such notice shall be provided prior to June 1 of each year.
6. Availability of Application Forms. The application form to be used in order to elect
to "opt out" of the Solid Waste Assessment shall be available on the City's website and at City Hall.
ORLA_ 444260.1
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