ENACTED 9/14/10
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Introduced by the Council President at the request of the Mayor:
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ORDINANCE 2010-673-E
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AN ORDINANCE CONFIRMING THE INITIAL ASSESSMENT
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FOR
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PROVIDED
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CODE; APPROVING, ADOPTING
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IMPOSITION
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SERVICE
SOLID
WASTE
FOR
IN
SERVICE
SECTION
AND
ASSESSMENTS,
715.202,
ASSESSMENT
IN
ORDINANCE
AND AUTHORIZING THE
COLLECTION
ASSESSMENTS
AS
OF
SOLID
ACCORDANCE
PROVIDED
THE
INTIAL
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SECTION 715.203, ORDINANCE CODE, AND CONTAINED
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IN
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CONSOLIDATED GOVERNMENT OF THE CITY, EXCLUDING
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URBAN
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PROVIDING
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EFFECTIVE DATE.
2010-446-E
SERVICES
FOR
AS
WITH
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ORDINANCE
ROLL,
WASTE
DISTRICTS
WITHIN
2,
SEVERABILITY
FOR
3,
AND
4
IN
THE
AND
5;
PROVIDING
AN
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WHEREAS, the City Council of the City of Jacksonville
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Ordinance
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Assessments), Ordinance Code, to provide for a procedure for the
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enactment of service assessments within the City; and
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2010-444-E
WHEREAS,
on
July
27,
hearing
created
2010,
on
a
the
Ordinance
new
City
Chapter
715
Council
2010-446-E,
(Service
held
a
duly
the
initial
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noticed
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assessment roll ordinance for Solid Waste Service Assessments; and
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public
which
enacted
WHEREAS, all initial proceedings required for the imposition
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of
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including notice by mail to all affected property owners and notice
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by publication prior to the public hearing; and
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the
Solid
Waste
Service
Assessments
have
been
completed,
WHEREAS, at the public hearing, the City Council reviewed and
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considered
all
comments
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hearing; now therefore
presented
in
writing
or
at
the
public
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BE IT ORDAINED by the Council of the City of Jacksonville:
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Section 1.
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Findings, Authority and Definitions.
It is
hereby ascertained, determined, and declared that:
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(a)
Pursuant
to
Article
VIII,
section
6(e),
Florida
5
Constitution (1968), Sections 166.021 and 125.01, Florida Statutes,
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and
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Florida, the City Council has all powers of local self-government
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to perform county functions and to render county services except
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when prohibited by law, and such power may be exercised by the
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Section
3.01
of
the
Charter
of
the
City
of
Jacksonville,
enactment of legislation in the form of City ordinances.
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(b)
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to
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within the meaning and intent of Sections 197.3632 and 197.3635,
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Florida Statutes, (the Uniform Assessment Collection Act).
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this
The Solid Waste Service Assessment to be imposed pursuant
Ordinance
(c)
shall
constitute
non
ad
valorem
assessments
All capitalized words and terms not otherwise defined
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herein shall have the meanings set forth is Chapter 715, Ordinance
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Code, Chapter
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446-E.
382.101, et seq., Ordinance Code, or Ordinance 2010-
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Section 2. Enactment of Final Assessment Ordinance.
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The
City
Council
hereby
enacts
this
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Ordinance, as provided for in Chapter 715,
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purpose of which is to:
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(a)
Final
Assessment
Ordinance Code, the
Confirm the Initial Assessment Ordinance, as provided for
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in Section 715.202, Ordinance Code or to modify same with such
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amendments,
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Council;
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(b)
if
any,
as
may
be
deemed
appropriate
by
the
City
Impose a rate of assessment of for the 2010 calendar
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year equal to $5.00 per month for the months from January 1, 2010
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through September 30, 2010 and $12.65 per month for the period from
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October 1, 2010 to December 31, 2010, for a total of $82.95 for
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each Residential Premises for Solid Waste collection services.
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(c) For 2011 calendar year and subsequent years, future rates
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shall be determined in accordance with City Code Section 106.112,
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and shall not exceed $18.00 per month, or $216.00 per Calendar
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Year, as provided for in Ordinance 2010-446;
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(d)
Approve the initial Assessment Roll, as established in
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accordance
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amendments as it deems just and right; and
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(e)
with
Section
Establish
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that
of
the
Ordinance
method
of
2010-446-E,
collection
with
shall
such
be
in
accordance with the Uniform Assessment Collection Act and Chapter
715, Ordinance Code.
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Section
3.
Enactment
is
a
Legislative
Determination.
The
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enactment of this Final Assessment Ordinance shall constitute a
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legislative
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special
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facilities,
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contemplated by Ordinance 2010-446-E, and the Solid Waste Service
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Assessment
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properties that receive the special benefit.
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determination
benefit
or
from
the
programs
is
fairly
Section 4.
that
to
all
parcels
Solid
be
and
Waste
provided
derive
Management
or
reasonably
assessed
services,
constructed,
apportioned
a
all
among
Effect of Final Assessment Ordinance.
as
the
The Solid
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Waste Service Assessments for the 2010 initial calendar year shall
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be established upon adoption of this Final Assessment Ordinance.
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The adoption of this Final Assessment Ordinance shall be the final
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adjudication of the issues presented, including, but not limited
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to,
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Assessment
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Assessment Roll, and the levy and lien of the Service Assessments,
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unless
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jurisdiction
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Council
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Assessment Roll, as approved by this Final Assessment Ordinance,
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shall be delivered to the Tax Collector, or the Property Appraiser
the
method
of
Rate,
proper
to
action
apportionment
the
steps
initial
are
secure
on
this
and
assessment,
the
Maximum
of
assessment,
the
initial
rate
initiated
relief
Final
within
in
a
20
days
Assessment
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court
from
Ordinance.
of
competent
the
The
date
of
initial
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if so directed by the Tax Collector.
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Statute 197.3632, the Service Assessments shall be collected in
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accordance
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relating to discount for early payment, pre-payment by installment
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method,
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issuance
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payment.
with
all
deferred
and
collection
payment,
sale
of
provisions,
penalty
tax
In accordance with Florida
for
including
delinquent
certificates
and
tax
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Section 5. Correction of Errors And Omissions.
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(a)
provisions
payment,
deeds
for
and
non-
No act of error or omission on the part of the Property
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Appraiser,
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employees, or designees, shall operate to release or discharge any
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obligation for payment of a Service Assessment imposed by the City
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Council under the provision of this Ordinance.
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(b)
Tax
Prior
Collector,
to
the
Mayor,
delivery
Council,
of
the
their
Assessment
deputies,
Roll
to
the
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Property Appraiser or Tax Collector in accordance with the Uniform
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Assessment Collection Act, the Mayor, or his/her designee, shall
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have the authority at any time, upon his or her own initiative, or
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in
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Assessed Property, to correct any error in the application of the
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Solid
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particular property not otherwise requiring the provision of notice
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pursuant
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correction shall be considered valid ab initio and shall in no way
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affect
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imposed under the provisions of this Ordinance. All requests from
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affected property owners for any such changes, modifications or
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corrections shall be referred to, and processed by, the Mayor or
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his/her designee, and not the Property Appraiser or Tax Collector.
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response
Waste
to
the
(c)
to
a
timely
Service
the
Uniform
the
petition
Assessment
enforcement
After
filed
the
Assessment
the
apportionment
Assessment
of
from
Roll
method
Collection
Solid
Waste
has
been
owner
Act.
Service
of
to
Any
any
any
such
Assessment
delivered
to
the
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Property Appraiser or Tax Collector in accordance with the Uniform
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Assessment
Collection
Act,
any
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changes,
modifications,
or
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corrections thereto shall be made in accordance with the procedures
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applicable to correcting errors and insolvencies on the Tax Roll
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upon timely written request and direction of the Mayor.
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Section6. Severability.
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severable;
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provision is held invalid by any court of competent jurisdiction,
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the remaining provisions of this Ordinance shall not be affected
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thereby.
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and
Section7.
if
any
The provisions of this Ordinance are
section,
subsection,
Effective Date.
sentence,
clause
or
This Ordinance shall become
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effective upon signature by the Mayor or upon becoming effective
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without the Mayor’s signature.
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Form Approved:
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/s/ Debra A. Braga
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Office of General Counsel
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Legislation Prepared By:
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G:\SHARED\LEGIS.CC\2010\ord\Solid Waste final assessment roll.doc
Debra A. Braga
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