Ordinance 2006-003
ORDINANCE NO. 2006-003
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 ofthe 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 ofthe 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 (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.
ORLA_398874.1
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-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.
ORLA_398874.1
2
SECTION FIVE. Effective Date. This Ordinance shall become effective upon
passage and adoption.
PASSED AND ADOPTED this 17nt- day of ~'1(,U.'rY2006.
APPROVED:
'I
I .
'<C\
Beth Eikenberry, City Clerk
ATTEST:
ADVERTISED '"J'zm. '7 , 2006
READ FIRST TIME
RE~~~~~~~D ~ME A~~6ADOPTED
-~Bt,)Uc)rLl tL--,2006
UNDER AGENDA ITEM NO. ~
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE,
APPROVED AS TO FPJ.UI AND
LEGALITY, THIS I) day
Of:Jf1I\Uo..fj ,2006
FOL~&LARD~
BY: dJ~
CITY ATTORNEY
ORLA_398874.1
3