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HomeMy WebLinkAboutOrdinance 555 Waste Fees ORDINANCE NO. 555 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, ESTABLISHING A NON-AD VALOREM. ASSESSMENT ALLOWING FOR THE COLLECTION OF FEES FOR MANDATORY SOLID WASTE /RECYCLING/YARD TRASH COLLECTIONS; PROVIDING THE LEVYING AND COLLECTION OF SPECIAL ASSESSMENTS; PROVIDING SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS. pursuant to Article VIII. Section 2, Florida Constitution (1968), and Chapter 166, Florida Statutes (1991), as amended, the City of Winter Springs, Florida (the "City"), has ail powers of local self-government to perform municipal functions and to render municipal services in a manner not inconsistent with general or special law. and such power may be exercised by the enactment of City ordinances; and WHEREAS, it is necessary for the public health. safety and general welfare of the City and its citizens that provision be made for the mandatory collection of solidwaste/recycling/yard trash; and WHEREAS, Section 197.3632, Florida Statutes, provides a uniform method for the levy, collection and enforcement of non-ad valorem assessments; and WHEREAS. the City intends to use the uniform method provided for in Section 197.3632, Florida Statutes, for the levy, collection and enforcement of the assessments authorized hereby; NOW, THEREFORE, be it ordered by the City Commission of the City of Winter Springs. Florida as follows: .. SECTION 1. Authorizatiotl of Solid Waste Special Assessments. Pursuant to the City's home role powers,. the City hereby authorizes municipal service special assessments within the incorporated' area of the City. as hereinafter defined, for the purpose of providing the collection of solidwaste/recycling/yard trash (the "Solid Waste Special Assessments II or "Special Assessments"). The Solid Waste Special Assessments within the incorporated area s~all be apart from and in addition to any other municipal and county assessments and taxes. Nothmg contained in this ordinance shall preclude property owners subject to the Special Assessment herein created from obtaining the full ranae of the general services and benefits provided routinely by the City to all other property owners within the incorporated areas of the City. ~CTION 2. Boundaries. The Solid Waste Special Assessments shall be assessed against those l~ds within ~e incorporated area of the City of Winter Springs, Florida, described as exhibit" A" as satd boundaries may be expanded or contracted from time to time . ~f2.5nl.2 01l19/9o&IIt 10:33_ _....~.----~_.'-'-'."-,-"~~~,_......-._.,._,.---~ -.. -'---"._'~--- -,--~_._--~_.. SECTION 3. " ;>05e. The purpose of the Special Assessments is to provide for the funds necessary to pay for the mandatory collection of solidwaste/recyclingtyard trash. SECTION 4. Special Benefit Assessments. Each single family residential property benefited by the solidwaste collection services provided by the City shall become subject to a special assessment or assessments proportionate to the benefits it receives, as determined by the City Commission in its Assessment Regulation. SECTION ~. Pro~U[~. The procedure for the levy, collection and enforcement of special assessments pursuant to this ordinance is, and shall be, consistent with the requirements of Section 197.3632, Florida Statutes, and Chapter 12D.18, F.A.C. (a) (b) O~37t.:1 01119194- 10:33_ AiI'eements With Property. Appraiser and Tax Collection. The City shall enter agreements with the Property Appraiser and the Tax CollectOr to provide for the efficient levy, collection and enforcement of the City's non-ad valorem assessments in accordance with the requirements of Rule 12D- 18.004, F.A.C. Said agreements shall provide that the Property Appraiser supply the City by June 1 of each year, with the property and property owner information necessary for the City to create its Assessment Roll. Assessment Resolution and Assesswent Rott. Between June 1 and September 15 of each year, and pursuant to the requirements of Section 197.3632, Florida Statutes, and Chapter 1m-IS. F.A.C.. the City Commission shall establish an Assessment Roll at a duly advertised public hearing to assess each property and facility within the City for its proportionate share of the City's expenses based on the benefits it receives. The Assessment Resolution shall state the nature and the amount of the expense. the manner in which such assessments shall be made, the land upon which the special assessment shan be levied, and the unit of measure and the amount of each assessment. (c) Certification 9f Assessment RoJl. On or before Septembet' 1S of each year, the City Commission of the City of Winter Springs shall certify the Assessment Roll of Winter Springs shall certify the Assessment Roll to the Tax CollectOr on a compatible electronic medium tied to the property identification number. Alterations to the Assessment Roll may be made in accordance with the provisions of Rule 120.18.006, F.A.C. (d) Special Assessments As Liens. Upon the failure of any property owner to pay his special assessments, or any part thereof, or any interest on a deferred. payment, the City Commission shall cause to be b~ught the ne~ssary legal proceedings to enforce payment thereof, together Wlth all accroed Interest and 2 ... ...-.. penalties, all other costs incurred, includin& a reasonable attorney's fee to be assessed as part of the coats. Special assessments shall remain liens~ co-equal with the liens of all state, county. district and municipal taxes, superior in dignity to all other liens, title and claims until paid, in addition to being personal obligations of the property owners. SECTIO~ ~. Referendum Not Required. No referendum or election in the City shall be required. for the exercise of any of the provisions of this Ordinance, unless such referendum or election is required by the Constitution of the State of Florida. SECTION 7. Severabili~. If any clause, section or provision of this Ordinance shall be declared by a Court of competent jurisdiction to be invalid, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION 8. Effective Date. This Ordinance shall become effective upon its adoption by the City Commission. First Reading: Jan. 10, 1994 Posted Jan. 19, 1994 Setond Reading: Feb. 14, 1994 PASSED AND ADOPTED this /1"1/ day of F ~ . CITY , A.D.. 1994. NTER SPRINGS, FWRIDA )~ By: ayor Attest: ~r.1uiC City Cler Approved as to fonn and legality: City Attorney: OS/'lSJ71.2 011191')04_10:33_ 3 - - - -.- - - - -- -- - - - - - - -- - - - - - - - --- The Orlando Sentinel in the SErUNOL E was published in said newspaper in the issue; of Oldi?3'CJ1J Court, NOTICE QA' PUBUC HEARING CITY OF WINl iR SPRINGS FLORIDA NOTICE OF HE: ~EBY GIVEN bv the C' Co~mlsslon of the City 01 Wint:r Senngs, Flonda, that said Commission WIll hold a Public Hearing on an ordi- nance entitled as follows: ORDINANCE NO. 555 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, ES- TABUSHING A NON-AD VALOREM ASSESSMENT ALLOWING FOR THE COLLECTGION OF FEES FOR MANDATORY SOLID WASTE/RE_ CYCUNG/YARD TRASH COLLEC_ TIONS: PROVIDING FOR THE LE- VYING AND COLLECTION OF SPE- CIAL ASSESSMENTS; PROVIDING ~,~~'b'l'i~'UTY AND AN EFFEC- This PUblic Hearing will be held at 7'30 p.m. on Februery .14.1914, or as Soon thereafter as POSSIble in the Commis_ SIon Chamber, City Hall, 1126 Eaat S.R. 434,. Winter Spnngs, Florida 32708. COllies of the propoSed ordinance are avaIlable In. the office of the City Clerk for InSpectIon. Interested parties may llf)P9ar at this hearing and be heard With resp9CI to this propoSed ordinance PERSONS WITH DISABIUTIES NEED: ING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE EMPLOYEE RELATIONS DEPARTMENT ADA CO- ORDINATOR 48 HOURS IN ADVANCE OF THE MEETING AT (407) 327-1800 PERSONS ARE ADVISED THAT',F THEY DECIDE TO APPEAL ANY DECI- SIONS MADE AT THESE MEETING_ S/HEARINGS, THEY WILL NEED ARE. CORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, THEY MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH INCLUDES THE TESTI. MONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED, PER SECTION 286.0105, FLORIDA STATUTES Dated this 23rd day of Jenuery' 1994 CITY OF WINTER SPRiNGS . FLORIDA ' IS/Mary T. Norton, MARY T. NORTON SLS1I61~~ Clerk __~an,23, 1994 . Published Daily $53 20 ~tatt of $lortba } S.S. COUNTY OF ORANGE B d . d h' I d JlJ^,\l1lA Rf.<::'il.fV', efore the un erSlgne aut onty personal y appeare . . .' ", -'.j , who on oath say's resentative of The Orlando Sentinel, a dally in Coun.!.v., Florid?~ that the attached c2PY of advertisement, being a NOTI!:f' Of' PUUL Ie tI in the matter of OQ. NO. SSS Affiant further sa s that the said Orlando Sentinel is a newspaper publiShed at ,in said County, Florida, and that the said newspaper has heretofore been continuously published in said SEltINOJ E County, Florida, each Week Da and has been entered as second-class mail matter at the post office in in said County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purr:> se of secu i 9 t' dvertis ent for publication in the said newspaper. / The for~.9_01n.9jnstrument was ac owledged befo,.re, m e, t, his day of JANUARY 19 94 b ,; 0 '0 , -I Y. , who is personally known to me an~e a(:fa~h. ~ , 8E\:c RI_Y C. {;!MMrJr~S (SEAL) /---"'. \ 11.'1 ('(',Wf: Lp. 3/10/97 ~ (~~~~\~Yh 8~n~l~d By Serv~ce Ins y\" J', .' .."r"'''x(9 ~'-_/r)~ dO. L\,LtJ_,J, OF '<;3: [ ] 1'e!~'lUl:y Known It Other t D. "~"'~.'-"--""