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HomeMy WebLinkAboutDocumentation_Regular_Tab 9FG_8/13/1992 .2L ( 4- 1 _ VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive 1 "1 Tequesta,Florida 33469-0273 • (407) 575-6200 � '•� Fax: (407)575-6203 V.40.9 COUM MEMORANDUM: • TO: Village Council FROM: Joann Manganiello, Admin. Asst./Village Cierk�b DATE: August 6, 1992 SUBJECT: Proposed Ordinances Creating the Tequesta Solid Waste Special Taxing District and the Tequesta Fire- Rescue Special Taxing District; Agenda Items Attached hereto, please find two proposed Ordinances which would amend Chapter 17 of the Village of Tequesta Code of Ordinances by Creating the Tequesta Solid Waste Special Taxing District and the Tequesta Fire-Rescue Special Taxing District. These proposed Ordinances are presented to you at this time for discussion only to determine whether Council sees any merit or benefit with the concepts and whether or not to proceed with the same. /jm Attachments Recycled Paper ORDINANCE NO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 17 OF THE VILLAGE OF TEQUESTA CODE (TAXES) BY ADDING A NEW ARTICLE III, CREATING THE TEQUESTA SOLID WASTE SPECIAL TAXING DISTRICT; PROVIDING DISTRICT BOUNDARIES; PROVIDING DISTRICT PURPOSES; PROVIDING GENERAL POWERS; PROVIDING APPLICABILITY OF THE PROVISIONS OF CHAPTER 189, FLORIDA STATUTES, TO SAID DISTRICT; PROVIDING FOR A GOVERNING BOARD; PRESCRIBING THE GOVERNING BOARD'S DUTIES AND POWERS; PROVIDING FOR THE IMPOSITION OF SPECIAL ASSESSMENTS AND FOR THE COLLECTION AND ENFORCEMENT THEREOF; PROVIDING THAT ASSESSMENTS SHALL BE A LIEN ON LANDS IN THE DISTRICT; PROVIDING FOR REPORTS; PROVIDING FOR DISSOLUTION; PROVIDING SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; • PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 189, Florida Statutes, authorizes the creation of special taxing districts pursuant to the adoption of a local ordinance by the Village Council; and WHEREAS, the Village desires to establish a special taxing district to be called the Tequesta Solid Waste Special Taxing District (District) for the purpose of solid waste collection services; and WHEREAS, the creation of such special district shall contribute to compliance by the Village of Tequesta with its Comprehensive Plan and with Rule 17-701.076, F.A.C. , Financial Responsibility and Rule 17-708, F.A.C. , Full Cost Accounting. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY,FLORIDA, AS FOLLOWS: Section 1. That Chapter 17 of the Village of Tequesta Code is hereby amended by adding a new article to be numbered Article III, which said Article shall read as follows: ARTICLE III. SOLID WASTE SPECIAL TAXING DISTRICT Sec. 17-33. District Creation and Boundaries. The Tequesta Solid Waste Special Taxing District is hereby created for the purpose of solid waste collection 1 services; for the purpose of furthering the goals and objectives of the adopted Comprehensive Plan of the Village of Tequesta, Florida; for the purpose of complying with the Full Cost Accounting Rule adopted pursuant to the Solid Waste Management Act of 1988; and for the public convenience, welfare, utility and benefit and for other purposes stated in this ordinance. The territorial boundaries of the Tequesta Solid Waste Special Taxing District shall include the entire corporate limits of the Village of Tequesta, Florida. Sec. 17-34. Creation of Governing Board. There is hereby created a Governing Board of the Tequesta Solid Waste Special Taxing District which shall consist of the Village Council of the Village of Tequesta. All Village Councilmembers shall act as members of the Governing Board until their term as Village Councilmember terminates. The Governing Board of the District shall appoint one member to act as president of the Board and one member to act as secretary. The Governing Board may adopt a seal which shall be the seal of the District. Sec. 17-35. General Powers of the District. The District shall have and its Governing Board may exercise the following powers: (a) To sue and be sued in the name of the District; to adopt and use a seal and authorize the use of a facsimile thereof; to acquire by purchase, gift, devise or otherwise, real and personal property or any estate therein and to make and execute contracts and other instruments necessary or convenient to the exercise of its powers; (b) To provide for retirement benefits for its employees in the same manner as if such employees were Village employees, subject to necessary action by the 2 District to pay employer contributions to such retirement fund; (c) To contract for the services of consultants and employees to perform planning, engineering, legal or other appropriate services of a professional nature; (d) To borrow money and accept gifts; apply for and use grants or loans of money or other property from the United States, the state, a unit of local government, or any person for any District purposes and enter into agreements required in connection therewith; and to hold, use and dispose of such monies or property for any District purposes in accordance with the terms of the gift, grant, loan or agreement relating thereto; (e) To adopt bylaws, rules, resolutions and orders as required by law, prescribing the powers, duties and functions of the officers of the District; the conduct of the business of the District; the maintenance of records; and the form of certificates evidencing assessment of lands and all other documents and records of the District; (f) To maintain an office at such place or places as it may designate within the Village in which the District is located, pursuant to Chapter 189, Florida Statutes; (g) To hold, control and acquire by donation, purchase or condemnation any public easements, dedications to public use, plat or reservations for public purposes or any reservations for those purposes authorized by this ordinance and to make use of such easements, dedications or reservations for any other purposes authorized by this ordinance; (h) To lease as lessor or lessee to or from any person, firm, corporation, association or body, public or private, any projects of the type that the District is authorized to undertake and facilities or property of any 3 nature for the use of the District to carry out any purposes authorized by this ordinance; (i) To levy such special assessments as may be authorized and to charge, collect and enforce fees and other user charges; (j) To raise by user charges or fees authorized by resolution of the Governing Board, amounts of money which are necessary for the conduct of the District activities and services and to enforce the receipt and collection in the manner prescribed by resolution not inconsistent with law; (k) To cooperate with or contract with other governmental agencies as may be necessary, convenient, incidental or proper in connection with _ any of the powers, duties or purposes authorized by this ordinance; (1) To impose and foreclose special assessment liens as provided by this ordinance; and (m) To exercise all of the powers necessary, convenient, incidental or proper in connection with other powers, duties or purposes authorized by this ordinance. Sec. 17-36. Dissolution of the District. The Tequesta Solid Waste Special Taxing District is created pursuant to this ordinance, and may only be dissolved pursuant to ordinance by the Village Council for the Village of Tequesta and the laws of Florida. Sec. 17-37. Amendment of District Charter. The charter created pursuant to this ordinance for the Tequesta Solid Waste Special Taxing District may only be amended by ordinance, adopted by a majority of the Village Council. Sec. 17-38. Financial Disclosure, Notice and Reporting Requirements. The Tequesta Solid Waste Special Taxing District and its officers and . employees shall be subject to all applicable provisions of Chapter 112, Florida Statutes; Chapter 286, Florida Statutes; and all financial 4 . disclosure, public notice and reporting requirements contained within Chapter 189, Florida Statutes. Sec. 17-39. When Unpaid Assessments Delinquent; Penalty. All assessments provided for in this ordinance shall be and become delinquent and bear penalties on the amount of said assessments in the same manner as county taxes. Said assessments shall be a lien until paid on the property against which assessed and shall be enforceable in a like manner as county taxes. sec. 17-40. Assessments and Costs of Lien on Land Against Assessments Levied. All assessments provided for in this ordinance together with all penalties for default in the payment of the same and all costs in collecting the same, shall from the date of assessment thereof until paid constitute a lien of equal dignity with the liens for county taxes and other taxes of equal dignity with county taxes upon all lands against which such assessments shall be levied, assessed and collected pursuant to Section 197.3632, Florida Statutes. Sec. 17-41. Enforcement of Assessments. The collection and enforcement of all assessments levied by the District shall be at the same time and in like manner as county taxes in the provisions of Florida Statutes relating to the sale of lands for unpaid and delinquent county taxes, the issuance, sale and delivery of tax certificates for such unpaid and delinquent county taxes, the redemption thereof, the issuance to individuals of tax deeds based thereon, and all other procedures in connection therewith, shall be applicable to the District in the delinquent and unpaid assessments of the District to the same extent as if statutory provisions were expressly set forth in this ordinance. Sec. 17-42. Uniform Assessments for Payment of Expenses. All commercially developed properties within the Tequesta Solid Waste Special Taxing District have 5 previously paid and currently pay an assessment for garbage collection directly to the Village of Tequesta. The Village has determined that residential properties should bear their proportionate burden for the costs incurred in garbage collection for such residential properties. Accordingly, there is hereby levied by the Village Council of the Village of Tequesta, Florida, upon each and every developed residential property within the Tequesta Solid Waste Special Taxing District an assessment to be determined in the annual budget which will be subject to public hearing prior to certification to the County Tax Collector each year pursuant to Section 197.3632, Florida Statutes. The foregoing assessments , shall be used by the District, through its Governing Board, for the purpose of paying expenses incurred as may be estimated or determined by the Governing Board before the Governing Board shall receive funds under the provisions of this ordinance. The assessment shall be a lien upon developed residential properties in the District from the date of the enactment of this ordinance and shall be collected in the same manner as the annual installment of assessments. Section 2. Severability. If any provision of this ordinance or the application thereof is held . invalid, such invalidity shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid provisions or applications, and to this end, the provisions of this ordinance are hereby declared severable. Section 3, Repeal of Ordinances in Conflict. All other ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. 6 Peotion 4. Codification. This ordinance shall be codified and made a part of the official code of ordinances of the Village of Tequesta. Petition 5. Effective Date. This ordinance shall take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember , who moved its -adoption. The Ordinance was seconded by Councilmember and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1990. MAYOR OF TEQUESTA Joseph N. Capretta ATTEST: Village Clerk PAM\13153-01•SPTD.ORD 9\25\90 ORDINANCE NO. 1x AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 17 OF THE VILLAGE OF TEQUESTA CODE (TAXES) BY ADDING A NEW ARTICLE IV, CREATING THE TEQUESTA FIRE-RESCUE SPECIAL TAXING DISTRICT; PROVIDING DISTRICT BOUNDARIES; PROVIDING DISTRICT PURPOSES; PROVIDING GENERAL POWERS; PROVIDING APPLICABILITY OF THE PROVISIONS OF CHAPTER 189, FLORIDA STATUTES, TO SAID DISTRICT; PROVIDING FOR A GOVERNING BOARD; PRESCRIBING THE GOVERNING BOARD'S DUTIES AND POWERS; PROVIDING FOR THE IMPOSITION OF SPECIAL ASSESSMENTS AND FOR THE COLLECTION AND ENFORCEMENT THEREOF; PROVIDING THAT ASSESSMENTS SHALL BE A LIEN ON LANDS IN THE DISTRICT; PROVIDING FOR REPORTS; PROVIDING FOR DISSOLUTION; PROVIDING SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 189, Florida Statutes, authorizes the creation of special taxing districts pursuant to the adoption of a local ordinance by the Village Council; and WHEREAS, the Village desires to establish a special taxing district to be called the Tequesta Fire-Rescue Special Taxing District (District) for the purpose of fire-rescue services; , and • WHEREAS, the creation of such special District shall contribute to compliance by the Village of Tequesta with its Comprehensive Plan and with Rule 17-701.076, F.A.C., Financial Responsibility. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. That Chapter 17 of the Village of Tequesta Code is hereby amended by adding a new article to be numbered Article IV, which said Article shall read as follows: ARTICLE IV. FIRE-RESCUE SPECIAL TAXING DISTRICT SECTION. 17-60. DISTRICT CREATION AND BOUNDARIES The Tequesta Fire-Rescue Special Taxing District is hereby created for the purpose of fire-rescue services; for the purpose of furthering the goals and objectives of the adopted Comprehensive Plan of the Village of Tequesta, Florida; and for the public convenience, welfare, utility and benefit and for other purposes stated in this ordinance. The territorial boundaries of the Tequesta Fire-Rescue Special Taxing District shall include the entire corporate limits of the Village of Tequesta, Florida. SECTION. 17-61. CREATION OF GOVERNING BOARD There is hereby created a Governing Board of the Tequesta Fire-Rescue Special Taxing District which shall consist of the Village Council of the Village of Tequesta. All Village Councilmembers shall act as members of the Governing Board until their term as Village Councilmember terminates. The Governing Board of the District shall appoint one member to act as president of the Board and one member to act as secretary. The • Governing Board may adopt a Seal which shall be the Seal of the District. 1 SECTION 17-62. GENERAL POWERS OF THE DISTRICT The District shall have and its Governing Board may exercise the following powers: (a) To sue and be sued in the name of the District; to adopt and use a Seal and authorize the use of a facsimile thereof; to acquire by purchase, gift, devise or otherwise, real and personal property or any estate therein and to make and execute contracts and other instruments necessary or convenient to the exercise of its powers; (b) To provide for retirement benefits for its employees in the same manner as if such employees were Village employees, subject to necessary action by the District to pay employer contributions to such retirement fund; (c) To contract for the services of consultants and employees to perform planning, engineering, legal or other appropriate services of a professional nature; (d) To borrow money and accept gifts; apply for and use grants and loans of money or other property from the United States, the State, a unit of local government, or any person for any District purposes and enter into agreements required in connection therewith; and to hold, use and dispose of such monies or property for any District purposes in accordance with the terms of the gift, grant, loan or agreement relating thereto; (e) To adopt bylaws, rules, resolutions and orders as required by law, prescribing the powers, duties and functions of the officers of the District; the conduct of the business of the District; the maintenance of records; and the form of certificates evidencing assessment of lands and all other documents and records of the District; (f) To maintain an office at such place or places as it may designate within the Village in which the District is located, pursuant to Chapter 189, Florida Statutes; (g) To hold, control and acquire by donation, purchase or condemnation any public easements, dedications to public use, plat or reservations for public purposes or any reservations for those purposes authorized by this ordinance and to make use of such easements, dedications or reservations for any other purposes authorized by this ordinance; (h) To lease as lessor or lessee to or from any person, firm, corporation, association or body, public or private, any projects of the type that the District is authorized to undertake and facilities or property of any nature for the use of the District to carry out any purposes authorized by this ordinance; (i) To levy such ad-valorem taxes and special assessments • as may be authorized and to charge, collect and enforce fees and other user charges; (� ) To raise by user charges or fees authorized by resolution of the Governing Board, amounts of money which are necessary for the conduct of the District activities and services and to enforce the receipt and collection in the manner prescribed by resolution not inconsistent with law; (k) To cooperate with or contract with other governmental agencies as may be necessary, convenient, incidental or proper in connection with any of the powers, duties or purposes authorized by this ordinance; 2 (1) To impose and foreclose special assessment liens as provided by this ordinance; and (m) To exercise all of the powers necessary, convenient, incidental or proper in connection with other powers, duties or purposes authorized by this ordinance. SECTION 17-63. DISSOLUTION OF THE DISTRICT The Tequesta Fire-Rescue Special Taxing District is created pursuant to this ordinance and may only be dissolved pursuant to ordinance by the Village Council for the Village of Tequesta and Laws of Florida. SECTION 17-64. AMENDMENT OF DISTRICT CHARTER The Charter 'created pursuant to this ordinance for the Tequesta Fire-Rescue Special Taxing District may only be amended by ordinance adopted by a majority of the Village Council. SECTION 17-65. FINANCIAL DISCLOSURE, NOTICE AND REPORTING REQUIREMENTS The Tequesta Fire-Rescue Special Taxing District and its officers and employees shall be subject to all applicable provisions of Chapter 112, Florida Statutes; Chapter 286, Florida Statutes; and all financial disclosure, public notice and reporting requirements contained within Chapter 189, Florida Statutes. SECTION 17-66. WHEN UNPAID ASSESSMENTS DELINQUENT; PENALTY All assessments provided for in this ordinance shall be and become delinquent and bear penalties on the amount of said assessments in the same manner as county taxes. Said assessments shall be a lien until paid on the property against which assessed and shall be enforceable in a like manner as county taxes. SECTION 17-67. ASSESSMENTS AND COSTS OF LIEN ON LAND AGAINST ASSESSMENTS LEVIED All assessments provided for in this ordinance together with all penalties for default in the payment of the same and all costs in collecting the same, shall from the date of assessment thereof until paid constitute a lien of equal dignity with the liens for county taxes upon all lands against which such assessments shall be levied, assessed and collected pursuant to Section 197.3632,. Florida Statutes. SECTION 17-68. ENFORCEMENT OF ASSESSMENTS The collection and enforcement of all assessments levied by the District shall be at the same time and in like manner as county taxes in the provisions of Florida Statutes relating to the sale of lands for unpaid and delinquent county taxes, the issuance, sale and delivery of tax certificates for such unpaid and delinquent county taxes, the . redemption thereof, the issuance to individuals of tax deeds based thereon, and all other procedures in connection therewith, shall be applicable to the District in the delinquent and unpaid assessments of the District to the same extent as if statutory provisions were expressly set forth in this ordinance. 3 SECTION 17-69. UNIFORM ASSESSMENTS FOR PAYMENT OF EXPENSES. There is hereby levied by the Village Council of the Village of Tequesta, Florida, upon each and every developed property within the Tequesta Fire-Rescue Special Taxing District an assessment to be determined in the annual budget which will be subject to public hearing prior to . certification to the County Tax Collector each year pursuant to Section 197.3632, Florida Statutes. The foregoing assessments shall be used by the District, through, its Governing board, for the purpose of paying expenses incurred as may be estimated or determined by the Governing Board before the Governing Board shall receive funds under the provisions of this ordinance. The assessment shall be a lien upon developed residential properties in the District from the date of the enactment of this ordinance and shall be collected in the same manner as the annual installment of assessments. Section 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. Section 3. Repeal of Ordinances in Conflict. All other Ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the Official Code of Ordinances of the Village of Tequesta. Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE WAS OFFERED by Councilmember , who moved its adoption. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of September, A.D., 1992. MAYOR OF TEQUESTA Earl L. Collings ATTEST: Joann Manganiello Village Clerk 4