Ordinance 033-1990
Hunicipal Service District
0 <(
Cl 0 ILl -1
a:::: 0 u....
0 :r <( >-
\--
C-, E. ...J C-, I-
UJ ,- .
(" 0- ,.....'. =.J
L. (,.,.:
c ..
(.~ :r .'
u.. .--I
c, ~ -
"
L1J LL-I ~ '-.V.
_I 0 "
.~
0 ~~
I.l- C) .-
en
..
ORDINANCE NO. 033-1990
AN ORDINANCE AMENDING ORDINANCE NO. 033-1989
OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, ENTITLED: "AN ORDI-
NANCE RELATING TO THE COLLECTION, DISPOSAL
AND ASSESSMENT FOR SOLID WASTE WITHIN MONROE
COUNTY, FLORIDA, TO BE MORE COMMONLY KNOWN AS
THE MONROE COUNTY SOLID WASTE COLLECTION,
DISPOSAL AND ASSESSMENT ORDINANCE, " DULY
ENACTED ON OCTOBER 31, 1989, BY MAKING
CERTAIN CHANGES NECESSARY TO REFLECT
OPERATION AND MAINTENANCE OF THE SOLID WASTE
DISPOSAL FACILITY BY A PRIVATE CONTRACTOR,
AND PAYMENT FROM THE SPECIAL ASSESSMENTS OF
CERTAIN OBLIGATIONS OF THE COUNTY AND THE
MONROE COUNTY MUNICIPAL SERVICE DISTRICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section .!..
AUTHORITY FOR THIS ORDINANCE. This ordinance
is enacted pursuant to Chapter 125, Florida Statutes, and other
applicable provisions of law.
Section 2.
FINDINGS.
It
is
hereby
ascertained,
determined and declared that:
A. The Board of County Commissioners of Monroe County,
Florida (the "Governing Body"), on October 31, 1989, duly enacted
Ordinance No. 033-1989 entitled:
"AN ORDINANCE RELATING TO THE COLLECTION,
DISPOSAL AND ASSESSMENT FOR SOLID WASTE
WITHIN MONROE COUNTY, FLORIDA, TO BE MORE
COMMONL Y KNOt-TN AS THE MONROE COUNTY SOLID
WASTE COLLECTION, DISPOSAL AND ASSESSMENT
ORDINANCE; PROVIDING DEFINITIONS; SETTING
FORTH FINDINGS; PROVIDING FOR THE STATEMENT
OF INTENT; PROVIDING FOR THE MANDATORY
DISPOSAL OF DOMESTIC SOLID WASTE; SETTING
FORTH THE DESCRIPTION OF THE SERVICE TO BE
PROVIDED; CREATING SERVICE AREAS; PROVIDING
FOR THE DUTIES OF COLLECTORS; PROVIDING FOR
THE REGULATION OF COLLECTION; PROVIDING FOR
THE RESPONSIBILITY OF PROPERTY OWNERS AND
OCCUPANTS OF IMPROVED PROPERTY; REGULATING
THE COLLECTION AND DISPOSAL OF CONSTRUCTION
WASTE; SETTING FORTH PROHIBITED ACTS;
PROVIDING FOR PENALTIES; CREATING THE MONROE
COUNTY SOLID WASTE MUNICIPAL SERVICE BENEFIT
UNIT; PROVIDING FOR THE PRIMA FACIE EVIDENCE
OF ACCUMULATION OF WASTE; IMPOSING AN ANNUAL
SOLID WASTE ASSESSMENT; SETTING FORTH
PROCEDURES FOR THE ADOPTION OF THE RATE
RESOLUTION; SETTING FORTH PROCEDURES FOR THE
ADOPTION OF ANNUAL SOLID WASTE ASSESSMENT
ROLL; PROVIDING FOR THE REVISION OF RATE
RESOLUTIONS; PROVIDING THE PROCEDURE FOR THE
ADOPTION OF AN ADDENDUM TO SOLID WASTE
ASSESSMENT ROLL; PROVIDING FOR THE
UTILIZATION OF STATUTORY COLLECTION
PROCEDURES; PROVIDING ALTERNATIVE COLLECTION
PROCEDURES; PROVIDING THAT SOLID WASTE
ASSESSMENTS COLLECTED UNDER THE ALTERNATIVE
COLLECTION PROCEDURES SHALL CONSTITUTE A LIEN
UPON RESIDENTIAL PROPERTY; PROVIDING
PROCEDURES FOR THE COLLECTION OF THE SOLID
WASTE ASSESSMENT BY THE TAX COLLECTOR;
PROVIDING FOR DISCHARGE OF RECORDED LIENS;
PROVIDING FOR THE ENFORCEMENT OF DELINQUENT
SOLID WASTE ASSESSMENTS; PROVIDING FOR
INTERIM COLLECTION SERVICE CHARGES ON NEW
CONSTRUCTION; PROVIDING FOR THE CORRECTION OF
ERRORS AND OMISSIONS; ESTABLISHING THE
CALCULATION OF TIME; PROVIDING FOR THE
SEVERABILITY; PROVIDING FOR SUPPLEMENTAL
AUTHORITY; SUPERSEDING ALL PREVIOUSLY ADOPTED
CONFLICTING PROVISIONS; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE;
AND PROVIDING AN EFFECTIVE DATE.II
(the 1I0rdinancell).
B. It is necessary and desirable to amend the Ordinance by
making certain changes necessary to reflect operation and
maintenance of the solid waste disposal facility by a private
contractor, and payment from the special assessment of certain
obligations of the County and the Monroe County Municipal Service
District.
Section 3.
T
AMENDMENTS TO ORDINANCE. The Ordinance is
amended in the following manner.
A. Subsection 2VV of the Ordinance is hereby amended to
read as follows:
IIVV. 'Solid Waste Assessment' shall mean the annual special
assessment imposed upon a lot or parcel of Improved Property in
the Unit to pay (1) the principal of, redemption premium, if
applicable, and interest on all outstanding obligations of the
County and the Monroe County Municipal Service District (the
IIDistrictll) due in such year, the payment of which is secured by
such special assessments, all in accordance with the resolutions
authorizing the issuance of such obligations; (2) the cost of the
collection, recycling, disposal and management of Domestic Solid
Waste generated or capable of being generated from such property;
and (3) the administrative costs related to (1) and (2).11
2
B. Subsection 2YY of the Ordinance is hereby amended to
read as follows:
"YY. ISolid Waste Disposal Facility Budget I shall mean the
estimated Fiscal Year cost of the operation, administration and
maintenance of the Solid Waste Disposal Facility as incorporated
into the annual county budget, including in addition to such cost
(1) the principal of, redemption premium, if applicable, and
interest on all outstanding obligations of the County and the
District due in such year, the payment of which is secured by the
Solid Waste Assessments, all in accordance with the resolutions
authorizing the issuance of such obligations; (2) payments to
contractors
for
the
design,
construction,
operation
or
maintenance of any portion of the Solid Waste Disposal Facility,
to the extent not paid form other sources; (3) the estimated cost
of required additions and improvements to land or equipment; (4)
administrative expenses in implementation of this Ordinance; and
(5) necessary reserves for renewal and replacement, operational
contingencies and required landfill closures."
~~~tion 4.
SEVERABILITY OF INVALID PROVISIONS.
If any
one or more of the provisions contained in this ordinance shall
be held contrary to any express provision of law or contrary to
the policy of express law, though not expressly prohibited, or
against public policy, or shall for any reason whatsoever be held
invalid, then such provisions shall be null and void and shall be
deemed separable from the remaining provisions, and shall in no
way affect the validity of any of the other provisions hereof.
Section 5.
,-
REPEALING
CLAUSE.
All
resolutions
or
ordinances, or parts thereof, of the Governing Body in conflict
with the provisions contained in this ordinance are, to the
extent of such conflict, hereby superseded and repealed.
Section 6.
-
INCORPORATION INTO CODE. The provisions of
this ordinance shall be incorporated into the Monroe County Code.
Section 7.
EFFECTIVE DATE.
A certified copy of this
ordinance, as enacted, shall be filed by the Clerk of the
Governing Body with the Office of the Secretary of State of the
State of Florida, and this ordinance shall take effect upon
3
receipt of official acknowledgement from the Secretary of State
that this ordinance has been filed with said office.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, a.t a regular meeting of said Board held
on the 4th day of December, A.D., 1990.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~.A'~J"o~~~~
Rayor/tnairman
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
By~~~~1U
EFFECTIVE DATE:
4
11lannp 1.. itolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. 13051 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. 1305) 294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY. FWRIDA 33070
TEL. 1305) 852-9253
December 17, 1990
(
CERTIFIED MAIL
( RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance
No. 033-1990 amending Ordinance No. 033-1989 entitled "An
Ordinance relating to the collection, disposal and
assessment for solid waste within Monroe County, Florida, to
be more commonly known as the Monroe County Solid Waste
Collection, Disposal and Assessment Ordinance," etc.
J This Ordinance was adopted by the Monroe County
Boaid of County Commissioners at a Regular Meeting in formal
session on December 4, 1990. Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of the Circuit
Board
ty Clerk
cc: Municipal Code Corporation
Mayor Wilhelmina Harvey
Mayor Pro Tern Jack London
Commissioner Earl Cheal
Commissioner Douglas Jones
Commissioner John Stormont
County Attorney Randy Ludacer
County Administrator Tom Brown
MSD Director Charles Aguero
Finance Director Taryn Medina
File
(f,U~'!l ",; Vk,. -.~QD~ ;, ~.:J~fDRA r !lit~
;';1.i",}.JJ.~ff<~::t ~'t~~a. C;HE'n~
p; EC<i 2:.35
d :ahd5see1 ;t 22J16-223~
P 50b 002 75'
RECEIPT FOR CERTIFIED'
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
Code Supplem~nt No. 41
~,
I'f?'
l-J P ~.,
I..J
\d
Y' of?2i,~~
199\
rhiln'~ you
We h~v& received the foll~wln9 ~aterial,
to~ you Usistilllce and (ooperatior..
'"
..
'"
.
..
...
J,
..
...
~
Drjina~r.~ No, 033-1990.
c:i
g;
cj
iii
:,s, Postage
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt showing
to whom and Date Delivered
Return Receipt showing to whom,
Date, and Address of Delivery
II)
ClI)
Gl
...
III
C
~
..,
~ Postmark or Date (
CO) I
E
..
o
II..
1II
Q.
1&(IJ-252-CODE (NatioIL,J)
I -80i) 342-CODE (FJorij,,)
- --~.. ~--..,..- -,-.-- -~-- --- ."
P SOb 002 758 ~
FOR CERTIFIED MAIL
RECEIP~SURANCE COVERAGE PROVIDED
NO NOT FOR INTERNATIONAL MAIL
(See Reverse)
'"
'"
'"
.
..
<'t
...
CD
...
Certified Fee
Special Delivery Fee
II)
ClI)
Gl
...
III
C
~
..,
o
o
ClI)
CO)
E
o
II..
1II
Q.
NH
~'A
~ ..-----------..........-." ,-~ -,.....-- ""'qi4ii..-.
II :" )( ?> )( !"
'II 0 CIl CIl
I III ii' ~i
... ~ ~
CD III !
~ 0 ...
- c C
..A 0 Iii Iii
..A ~ I I
<' > >
,;-. CD
-< cc Q.
:-' CD a.
::J Iii
:0 ... ..
..
00 CD
\0 CD
TO:
''''''~
Ms. R'jsa l1e L.
Depdy ClInt
Monroe COI.i:ty
P.C. I:lo~ 1980
rEV West, ~t 33040
~c_._"','::"--r;_"-,,;:,,,.!C-:---
n
o
3
'C
10
...
<II
...
<I>
3
01
III
~
a.
IV
~
~
<I>
~
III
a.
a.
..'
5'
~
!!!.
!Xl Q )> O~~~~
01 i'
~> lQ 01 m I"> CD ~>
<II < )( CD ~
>Clo. ~ .. '$~<e,o ~_ III
~~ 0 ::;; en.... Q. !" (;
"'CD 01 !il' CD" Ci (J) (S' (1)
-.. ~ . Gl ~ Z 0 a.
~.. 0. III
C :i' Q. < ,. e- CD
0 ~:- c ~ o'~3 ~::u !e.
)> .. (;
3: -i .0' !l! D,C'_g:
m '<i:>> m ~ fj(D ~,.. ?-
01
CIl C <: ~ l:l ~
"'A. 000 ~~. Ql
.... ....0. m
n r- (; ::J
~"i <: a.
So -:xiI"> 5' ~ .,0.
:u ~Ul m Q~o .. ~c 0
m :xl 01 ~!;C !; 0
.... C m 0. !!!. 3
!=' 0. CD::J CD ~ ;r 'C
c: 0.
~ Gl n:xl CD ~
:u .. ::TCD ..:c
Z '-<: .. 010 ..
.. ~CD
:u <::;; CD 5!:i3' ..-
m ur... CD
n .. 3
m ..
:;;
....
-'-----.._- ---.-.
,- -~--'''-,-._,--.._,-~
FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
DIVISION OF ELECTIONS
Room 1802, The Capitol
Tallahassee, Florida 32399-0250
(904) 488-8427
December 21, 1990
Ms. Rosalie L. Connolly
Deputy Clerk
Monroe County
500 Whitehead street
Key West, Florida 33040
Dear Ms. Connolly:
pursuant to the provisions of Section 125.66, Florida statutes,
this will acknowledge your letter of December 17, 1990, and
certified copy of Monroe County Ordinance No. 033-1990, which was
filed in this office on December 20, 1990.
s~.~
Liz Cloud, Chief
Bureau of Administrative Code
LC/dj