LEE COUNTY ORDINANCE NO

Transcription

1 LEE COUNTY ORDINANCE NO AN ORDINANCE OF LEE COUNTY, FLORIDA AMENDING AND RE-STATING LEE COUNTY ORDINANCE NO 95-20, RELATING TO LEE COUNTY GARBAGE AND SOLID WASTE DISPOSAL FACILITIES, CREATING A MUNICIPAL SERVICE BENEFIT UNIT AND A MUNICIPAL SERVICE TAXING UNIT WITHIN LEE COUNTY FOR RESIDENTIAL AND COMMERCIAL PAYMENTS FOR SOLID WASTE DISPOSAL FACILITIES COSTS, ESTABLISHING THE GOVERNING BODY WITH POWERS AND DUTIES, LEVYING CERTAIN SPECIAL ASSESSMENTS FOR COSTS OF LEE COUNTY SOLID WASTE DISPOSAL FACILITIES FROM DESIGNATED RESIDENTIAL AND COMMERCIAL PROPERTIES, LEVYING CERTAIN AD VALOREM TAXES FOR COSTS OF LEE COUNTY SOLID WASTE DISPOSAL FACILITIES FROM DESIGNATED PROPERTIES, AMENDING EXHIBIT A THEREIN, PROVIDING FOR ENFORCEMENT, SEVERAEXLITY, SUPPLEMEhTAL AUTHORITY, REPEAL OF PROVISIONS OF INCONSISTENT ORDINANCES, AND EFFECTIVE DATE WHEREAS, the Board of County Commissioners is the governing body in and for Lee County, a political subdivision of the State of Florida, and holds all powers granted to counties pursuant to the Florida Constitution and State Statutes; and, WHEREAS, the Lee County Board of County Commissioners has previously adopted Ordinances 95-10, and 95-20, relating to mandatory solid waste collection and disposal in unincorporated Lee County for the recovery of certain costs, to include operations and maintenance costs for the several Lee County solid waste disposal and management facilities from commercial Lee County solid waste service customers through special assessments; and,. WHEREAS, pursuant to certain Interlocal Agreements entered into between Lee County MUNlClPA

2 and the several municipalities within Lee County, it is now necessary and appropriate to levy additional special assessments and an ad valorem MSTU tax for the recovery of certain pro-rata costs for the several Lee County Solid Waste Disposal and Management Facilities from municipal residential and commercial solid waste service customers; and, WHEREAS, the Board of County Commissioners of Lee County now desires to exercise its authority under Sections (1)(q)(r), Florida Statutes, and Florida Statutes, to create a Lee County Municipal Service Benefit Unit (MSBU) and a Lee County Municipal Service Taxing Unit (MSTU) for the operation and maintenance of the several Lee County Solid Waste Disposal and Management Facilities through funds derived from special assessments and taxes levied within the MSBU and MSTU, to include all municipalities per Interlocal Agreement and Ordinance; and, WHEREAS, it has been found and determined to be necessary to provide for an equitable methodology for the financing of the County's Solid Waste Disposal and Management Facilities, and thereby it is necessary that all entities within the Units be assessed their pro-rata share for the costs of said facilities; and, WHEREAS, it hils been found and determined that the most appropriate and equitable method to distribute and apportion the costs for the several Lee County Solid Waste Disposal and Management Facilities, is through the creation of a Municipal Service Benefit Unit (MSBU) and a Municipal Benefit Taxing Unit (MSTU) for all residential and commercial properties within the respective Units, reflecting the benefits of the apportioned costs (MSBU), or ad valorem property valu-e'(mstu), for the operation and maintenance of the several Lee County Solid Waste MUNlClPA 2

3 Disposal and Management Facilities; and, WHEREAS, it has been found and determined that the assessments and ad valorem millage are in proportion to the benefits derived by the properties so assessed or taxed, and that the creation of the Units serves a public purpose, and is to the public s benefit, NOW THENFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS FOR LEE COUNTY, FLORJDA, that: SECTION 1. CREATION. PURPOSE AND DECLARATION OF BENEFIT There is hereby established a Municipal Service Benefit Unit (MSBU) and a Municipal Service Taxing Unit (MSTU) pursuant to the authority granted to counties in Section (l)(q) and (r), Florida Statutes. Said MSBU shall be known as The Lee County Solid Waste Disposal Facilities Benefit Unit, the boundary ofwhich shall be all of Lee County, less the incorporated area of the City of Cape Coral. Said MSTU shall be known as the Lee County Solid Waste Disposal Facilities Taxing Unit, the boundaq of which shall be all of the incorporated area of the City of Cape Coral. It is the intent of this Ordinance that the legal description of thebenefit Unit and the Taxing Unit shall correspond with the legal desciiptions as set forth in Exhibit A, attached hereto and made a part of this Ordinance. For unincorporated Lee County, all Improved Commercial Properties within the Benefit Unit subject to mandatory garbage and solid waste collection and disposal services shall be specially assessed for their proportionate share of the costs for the operation and maintenance of the several Lee County Solid Waste Disposal and Management Facilities. MUNlClPA 3

4 For the municipalities of Fort Myers, Fort Myers Beach and Sanibel, all improved properties within the Benefit Unit shall be specially assessed for their solid waste generation proportionate share of the costs for the operation and maintenance of the several Lee County Solid Waste Disposal and Management Facilities. For the municipality of Cape Coral, all properties within the Taxing Unit shall have levied an ad valorem millage corresponding to their solid waste generation proportionate share of the costs for the operation and maintenance of the several Lee County Solid Waste Disposal Facilities. Further, it is the purpose of the County to promote the common interest of the citizens of all of the County, to provide for the operation and maintenance of its several solid waste disposal and management facilities, through the levy of Special Assessments and a certain MSTU ad valorem millage It shall also be the purpose of the County to promote the health, welfare and safety of the citizens and residents of Lee County by providing adequate garbage and solid waste disposal services through the operation and maintenance of the County s several Designated Solid Waste Disposal and Management Facilities. SECTION 2. p It is the intent of the County to require all Improved Commercial Properties within the unincorporated areas of the County and all residential and Improved Commercial Properties within the incorporated municipalities, to have garbage and solid waste disposed of in a proper, sanilaiy and efficient manner; to provide all persons with a sanitary and efficient means of having their solid waste disposed of; to eliminate illegal dumping; to provide effective and efficient MUNlClPA 4

5 methods of collecting funds for the costs of the several Lee County Solid Waste Disposal and Management Facilities and services rendered; and to promote the health, safety and welfare of the citizens of the County, It is hereby declared, found and determined by the County, that the several solid waste disposal and management facilities and services provided by the County pursuant to this Ordinance, and not limited to the accomplishment of the intents stated herein, shall and do constitute a special benefit to all Designated Properties within the Benefit Unit, which is equal to, or in excess of, the actual costs of providing such solid waste disposal services, and which such facilities and services specially benefit all said solid waste service properties, and that the ad valorem millage levied within the Taxing Unit is proportional to the costs allocated to the Unit foi its pro-rata share of the operations and maintenance costs of the several Lee County Solid Waste Disposal Facilities SECTION 3, DEFINITIONS For the purposes of this Ordinance, the definitions contained in this section shall apply unless otherwise specifically stated. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular and words in the singular number include the plural. The words shall or will are mandatory and not discretionary. For further clarification of definitions, refer to Section , Florida Statutes, and Rule , Florida Administrative Code, both of which are incorporated herein by reference. _. 1. Bme&JJ& refers to the MSBU as created under Sections 1. and 4. herein. MUNICIPA 5

6 2. 3. Board shall mean the Board of County Commissioners of Lee County, Florida. Commercial Multifamilv Residential Customer shall mean owners of miscellaneous residential dwellings, mobile homes, parks containing trailers and recreational vehicles or condominia consisting of five (5) or more units in a building or located on a defined property, where such properties received commercial service prior to June 1, 1995 and where a commercial can or container is suitable for solid waste collection. 4. Commercial Container shall mean and include any detachable container designed or intended to be mechanically dumped into a packer-type garbage tmck used by Contractors and varying in size. Such container is to be maintained so as to be leakproof and rodent resistant shall mean Lee County, Florida. Council shall mean the governing body of each of the several municipalities of Cape Coral, Fort Myers, Fort Myers Beach and Sanibel. 7. Customel: shall mean all natural or lawful persons, corporations, partnerships, or any other legal entity owning either residential or commercial property within the Benefit Unit or any property that is within the Taxing Unit. 8. Deaartment as used herein shal1 mean the Lee County Department of Solid Waste or its successor entity. The Director of the Department of Solid Waste ( Director ) shall be the County designee primarily responsible for the administration of this Ordinance. MUNICIPA 6

7 9. DesiFnated Properties shall mean the specially assessed or taxed properties as follows: 1. MSBU Special Assessment a) For unincorporated Lee County: all commercial customers (Improved Commercial Properties) as defined herein. b) For the municipalities of Fort Myers, Fort Myers Beach and Sanibel: all residences and Improved Commercial Properties as defined herein. 2.. MSTU Ad Valorem Tax a) For the municipality of Cape Coral: all property as included on the Lee County General Levy Annual Ad Valorem Tax Roll. 10. Franchise Area or Service Area refers to the areas within the territorial boundaries of unincorporated Lee County, which are serviced by a solid waste collection and disposal franchise agreement granted by the Board of County Commissioners. 11. Garbage shall mean atlimal, fruit and vegetable waste, either along or in combination with other putrescible matter resulting from the handling, storage, sale, preparation, cooking, serving or consumption of foods, which are subject to decomposition or decay. These wastes and the containers in which such items are packaged shall be contained to prevent the generation of noxious gases and odors, the breeding of flies and other insects and the feeding of rodents. ~' 12. &&&y shall mean Memorial Day, Independence Day, Thanksgiving Day, MUNlClPA 7

8 Christmas Day and New Year s Day and/or other days as approved and designated by the County. 13. Horticultural Trash. Vegetative Waste. Garden Trash or Yard Waste shall mean solid waste that is an accumulation of lawn grass, shrubbery cuttings, clippings, leaf rakings, palm fronds, tree branches, bushes or shrubs, green leaf cuttings, fruits or other vegetative matter generally created as refuse in the care of lawns and yards that does not exceed six (6) feet in length and fifty (50) pounds in weight. This does not include large branches, trees, or bulky and noncontainerized material not susceptible to normal loading and collection into rear loading, packer-type sanitation equipment used for regular collection from domestic households. Bundled limbs and tree trunks from tree trimmings not exceeding six (6) feet in length and weighing less than fifty (50) pounds may be placed at the cubside for residential pick-up. 14. Improved Commercial Property means owners of property to include, but not be limited to: improved commercial property including all hotels, motels, commercial businesses (wholesaldretail), manufacturing, industrial and institutional enterprises of all types. Improved commercial properties shall be all properties as listed above, including Commercial Multifamily Residential Customers, as described at paragraph 3., herein. 15. Industrial Waste shall mean any non-hazardous solid waste accumulations of 1. metal, metal products, minerals, chemicals, rocks, building mbble, cement, asphalt, MUNlCIPP 8

9 tar, oil, grease, glass, crockery, rubber, rubber tires, bottles, cans, lumber, sawdust, waste from animal packing or slaughter houses and any other non-hazardous materials which may be created by an industrial, constmction, or manufacturing operation. 16. Rubbish is a general term for solid waste excluding food waste and ashes taken from residences, commercial establishments and institutions. 17. Recycling Materials or Recyclahles shall mean any materials collected by the contractor for the purposes of materials recovery or recycling at the County s Materials Recovery Facility. Recycling materials shall include, but not be limited to: newspapers, clear, green and brown glass containers, aluminum cans and foil, steel cans, number 1 and 2 plastic bottles, cardboard, magazines, phone books and haft bags. 18. Solid Waste shirll be as defined by as outlined at Section , Florida Statutes, and Chapter , Florida Administrative Code. Solid waste generally means any garbage, rubbish, industrial waste, horticultural waste, extraordinary waste or other semi-solid material resulting from domestic, commercial, industrial, agricultural, or governmental operations including refuse and bulky waste, but excluding hazardous waste, sludge, septic tank pumpage, asphalt, tar, oil and grease, and also excluding any hazardous substances as set forth in 40 C.F.R, Part Taxing Unit refers to the MSTU as created under Sections 1. and 4., herein. MUNlClPA 9

10 20. Recoverable Materials shall mean any material which can be collected and processed by a state-approved recycling facility for resale and reuse of the material. 21. RefriFerant White Goods shall mean large appliances which contain or may release any refrigerants, including, but not limited to: refrigerators, freezers, air conditioners and dehumidifiers. 22. White Goods shall mean large household appliances including, but not limited to: stoves, washers, dryers, dishwashers and any Refrigerant White Goods. SECTION 4. CREATION OF THE UNITS, PURPOSE AND BOUNDARIES Pursuant to Section 1 hereof and the powers granted to the Board of County Commissioners by the Constitution of the State of Florida and Florida Statutes, in particular, Section , Florida Statutes, the Board hereby creates a Lee County Municipal Service Benefit Unit (MSBU), to be known as The Lee County Solid Waste Disposal and Management Facilities Benefit Unit, and a Lee County Municipal Service Taxing Unit (MSTU), to be known as the Lee County Solid Waste Disposal and Management Facilities Taxing Unit. The Units are legally described by Exhibit A attached hereto and incorporated herein. With the exception of the legal notice as required by Section , Florida Statutes, and any other procedure required by Florida State Statute prior to the enactment of a county ordinance, any and all other procedures, administrative or otherwise, which are required to be followed prior to the enactment of an ordinance, shall be considered directory in nature, and any noncompliance with these MUNlClPA 10

11 procedures shall have no adverse effect upon the adoption or validity of this Ordinance, constitutionally or otherwise, The purpose of the Units is to promote the common interests of the citizens of the County including all municipalities, and to provide for the disposal of solid waste and recycling through the levy of (a) Special Assessment(s) and ad valorem taxes as further provided for herein, and to promote the health, welfare and safety of the citizens and residents of the Units by providing sufficient disposal of solid waste by the operation, maintenance and use of one or more of the several Lee County Designated Solid Waste Disposal Facilities. SECTION 5. GOVERNWG BODY The Board of County Commissioners shall be the governing body of the Units as hereby created and described. SECTION 6. GENERAL POWERS The governing body shall have all powers necessruy and convenient to carry out the purposes of this Ordinance and such additional rights and powers as are provided for by the Constitution of the State of Florida and the Laws of the State of Florida as particularly granted to counties. The governing body shall also have all supplemental powers not otherwise prohibited by law, which powers shall include, hut not be limited to: 1 Sue or be sued, complain or defend in the name of the County in any and all courts or administrative agencies; '2 Acquire by grant, purchase, gift, device, exchange, or in any other lawful manner MUNICIPA 11

12 any property, real or personal, or take any estate or interest thereinupon such terms and conditions as the governing body shall determine; 3. Enter into contracts with any qualified private, public, or municipal firm, person, or corporation for the furnishing of any solid waste disposal or management services within the boundaries of the Units; 4 Levy and collect without referendum, special assessments, ad valorem taxes or service charges as required, for the disposal of solid waste from Designated Properties within the Units; 5. Adopt rules and regulations governing the Units through appropriate resolutions, and to also provide by appropriate Resolution, the procedures to establish, adjust and approve any Special Assessment, ad valorem tax or Service Charge. SECTION 7. SPECIAL ASSESSMENTS ANNUAL SOLID WASTE DISPOSAL FACILITIES SPECIAL ASSESSMENT There is hereby imposed an Annual Special Assessment upon all Improved Commercial Properties within unincorporated Lee County and all Designated Properties within the municipalities of Fort Myers, Fort Myers Beach and Sanibel, for the recovery of the operational and maintenance costs for the several Lee County Solid Waste Disposal Facilities. 1. In order to provide for the disposal facilities costs for solid waste disposal within the Unit as previously described in Sections 1. and 4. above, there shall be a I. Special Assessment hereby imposed annually by a resolution of the governing body MUNlClPA 12

13 for the costs of the opeiation and maintenance of the several County Solid Waste Disposal Facilities, on each Designated Property, as stated above and as fhther defined in Section 3 herein 2 The fiscal year of the Benefit Unit shall conlmence on October 1 of each year and end on September 30 The Board shall annually consider, amend and adopt a budget consisting of the annual costs for the operation and maintenance of the several Lee County Solid Waste Disposal and Management Facilities, in a nianner similar to that by which the County s several annual budgets are considered and adopted. 3 On or before June 1 of each year, the Board shall deliver to the Lee County Property Appraiser, the proper legal description for the Municipal Service Benefit Unit, and on or before July 1 of each year, the Lee County Property Appraiser shall furnish the Board with a copy of a Special Assessment Roll which shall include all Designated Properties subject to the Special Assessment as further described in this Ordinance, The Lee County Property Appraiser shall receive a fee for this service to be agreed upon between the Property Appraiser and the Board of County Commissioners as the governing body of the MSBU. 4. On or before August 1 of each year, the Board shall hold a public hearing to adopt the Solid Waste Disposal Facilities Special Assessment Rate Resolution incorporating a schedule of annual Disposal Facilities Special Assessments which includes the operation and maintenance costs for the several County Solid Waste MUNlClPA 13

14 Disposal Facilities, to be imposed upon the owners of all Designated Properties in the Benefit Unit. Such schedule shall provide sufficient revenues to fund the operation and maintenance costs for the several Lee County Solid Waste Disposal and Management Facilities. Commercial properties shall be assessed pursuant to the methodology as set out in Exhibit B, attached hereto. 5. Notice of the public hearing on the rate resolution shall be published by the Board in a newspaper of general circulation at least once, with the first publication being at least ten (10) calendar days prior to the public hearing. Said public hearing may be continued to a date or dates certain, without the necessity of hrther newspaper advertisements. SECTION X, CERTBICATION OF SPECIAL, ASSESSMENT ROLI, FOR COLLECTION Upon adoption by the Board ofthe Special Assessment as provided for in Section 7, above, and before September 1 of each year, the Board shali deliver a certified copy of said Special Assessment Roll to the Lee County Tax Collector for collection of the Annual Disposal Facilities Special Assessments. The Annual Disposal Facilities Special Assessment Roll shall contain a summary description of each Designated Property within the Unit on the first day of January prior to the fiscal year for which the Annual Collection Special Assessment is to be imposed, the name and address of the owner of each such Designated Property, and for commercial properties; the improvement code, the number of residential units or effective area. applicable to the property, the average annual disposal quantity per unit or square foot, and the MUNlClPA 14

15 amount of the Annual Collection Special Assessment applicable to that commercial property The summary desciiption of each improved property shall be identified by the Florida Department of Revenue (D 0 R ) Use Code Numeric Application in such detail so as to permit ready identification of each assessed unit on the Special Assessment Roll. Upon the completion of the preparation of the Annual Solid Waste Disposal Facilities Special Assessment Roll, and before September 1 of each year, the Board shall, at any regular or special meeting with ten (10) days published public notice, review the Annual Solid Waste Disposal Facilities Special Assessment Roll prepared by the Lee County Property Appraiser as conformed with the annual Solid Waste Disposal Facilities Rate Resolution. The Board shall make such changes, modifications or additions as necessary to conform such roll with the Solid Waste Disposal Facilities Rate Resolution. If upon the completion of such review, the Board shall be satisfied that the Annual Roll has been prepared in conformity with the Rate Resolution, it shall ratify and conform such Roll, and certify the Assessment Roll to the Lee County Tax Collector for collection, to be duly sent to the Designated Property owners on or before September 1 of each year SECTION 9. COLLECTION OF THE ANNUAL SOLID WASTE COLLECTION AND DISPOSAL ASSESSMENT 1, The Solid Waste Disposal Facilities Assessment shall be imposed against the owners of all Designated Properties for which Certificates of Occupancy are issued.. either by the Lee County Codes and Building Services Department, or the respective municipal department counterpart. Until an annual assessment is levied MLJNICIPA 15

16 against such Designated Properties in accordance with the procedures as outlined herein, the amount of the Solid Waste Disposal Facilities Assessment shall be calculated and based upon a monthly rate basis which monthly rate shall be onetwelfth of the Annual Solid Waste Disposal Facilities Special Assessment as set forth in the current Rate Resolution. Said Assessment will be due and payable at the time the Designated Property receives a Certificate of Occupancy 2 The Solid Waste Disposal Facilities Special Assessment shall be paid in full based upon the monthly rate basis until such time as a full annual Special Assessment can he levied against the Designated Property. The Special Assessment shall be collected by the authorized agent of the County in a manner designated by the Board All Special Assessments so collected shall be paid to the County by its authorized agent 3 The County's authorized agent shall notify the Board of all Designated Properties for which a bill becomes delinquent as hrther defined herein. All delinquent bills are chargeable against the owners of the Designated Properties and shall constitute and are hereby imposed as liens against all such Designated Properties Until fully paid and discharged or barred by law, said liens shall be equal in rank and dignity to the lien of County ad valorem taxes and other Special Assessments, and superior in rank and dignity to all other liens, encumbrances, titles and claims in and to or against the subject real property. The provisions contained in Section ". 10. of this Ordinance regarding the preparation and filing by resolution of a notice MUNlClPA 16

17 of delinquent lien shall also be applicable to delinquent bills as described in this paragraph, The initiation of the annual collection Special Assessment against the owner of affected Designated Properties shall not release said owner from its responsibility hereunder. SECTION 10. SCOPE OF ANNUAL SPECIAL ASSESSMENTS AND ASSESSMENT DELTNOUENCIES The annual Special Assessment shall be imposed against the owners of all Designated Properties for Solid Waste Disposal Facilities costs, if such Designated Property is actually, or capable of, generating garbage and solid waste on the first day of January prior to the fiscal year in which the annual Special Assessment is imposed, regardless of the occupancy of such property on said date. The owner and description of each property shall be that which is designated on the Real Property Ad Valorem Tax Roll maintained by the Property Appraiser of Lee County. The annual Special Assessment shall be imposed with the ratification and certification of the Assessment Roll, and become due and payable by October 1 of each year, or within thirty (30) days from the mailing of the Special Assessment bills by Lee County through its authorized agent, whichever is later. All delinquent Special Assessments billed and collected by Lee County shall bear interest at the rates as set forth by Florida Statutes, and if not fully paid with all accrued interest by the due date of the next succeeding Special Assessment payment, shall constitute and are hereby imposed as liens against such property as of the date the Special Assessment becomes delinquent. -. Additional interest at the rate of one (1) percent per month upon the due but unpaid principal MUNlClPA 17

18 portion of the Special Assessments is also imposed upon the owners of property under the provisions of this Ordinance becoming due and payable October 1 of each year or within thirty (30) days from the mailing of the original bill as stated above. The non-payment of one entire annual Special Assessment shall constitute delinquency. At that time, the Lee County Attorney, with assistance from the Lee County Tax Collector, shall file with the Clerk of the Circuit Court a lien, by County Resolution, against said delinquent property Prior to the filing of such a lien, the Lee County Tax Collector shall send by registered mail (return receipt requested) to the owner of the delinquent property, at least two (2) Notices of Intent to File such a lien. Said annual Special Assessments shall remain liens equal in rank and dignity with the lien of the County ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the subject real property. The payment of the annual Special Assessment may be made in a single annual payment or in four equal quarterly installments, with the due dates for payment to be designated in the annual bill sent by the Lee County authorized agent on or before September 1 of each year. The single annual payment will be entitled to a four percent (4%) discount if paid in a timely manner, that is, by the due date as designated on the annual Special Assessment Billing. The quarterly installment payments will be subject to a penalty fee of five dollars ($5.00) if the installment has not been paid within thirty (30) days after the due date for the particular quarterly payment. This quarterly penalty fee shall be in addition to any and all other penalties that may be assessed for late payments of the quarterly installments. The quarterly installment penalty fee shall also be cumulative, that is, each late quarterly payment so penalized, will have its MUNlClPA 18

19 own penalty assessed. After the first annual Special Assessment billing, the Designated Properties Special Assessment may be placed on the Lee County Real Property Ad Valorem tax bill, pursuant to Section , Florida Statutes, provided all statutory requirements are fully met and satisfied. An Interlocal Agreement designating the Lee County Tax Collector as the authorized agent for the collection and the disbursement of the annual Special Assessment funds is hereby authorized. Said Interlocal Agreement, consisting of a contract for services, may be executed between the Governing Body of the Units and the Lee County Tax Collector, shall remain in force for a period offive (5) years, and may be renewable for additional five (5) year increments upon the approval and re-execution of such Agreement between the Lee County Tax Collector and the Governing Body. SECTION 11, AD VALOREM TAX ANNUAL SOLID WASTE DISPOSAL FACILITIES MSTU AD VALOREM TAX Beginning with the 1996 taxing year, and subsequently, per the Interlocal Agreement with the City of Cape Coral, there is hereby imposed an Annual MSTU Ad Valorem tax on all Properties within all of the incorporated area of the municipality of Cape Coral, for the recovery of the operational and maintenance costs for the several Lee County Solid Waste Disposal Facilities. 1. In order to provide for the disposal facilities costs for solid waste disposal within _. the Unit as previously described in Sections 1. and 4. above, there shall be a MUNlClPA 19

20 MSTU Ad Valorem Tax hereby imposed annually by a resolution of the governing body for the costs of the operation and maintenance of the several County Solid Waste Disposal Facilities, on each Designated Property, as stated above and as further defined in Section 3. Such millage rate resolution may be incorporated as, and be included with the resolution adopted for Special Assessments as described at Section 7., herein. 2 The fiscal year of the Taxing Unit shall commence on January 1 of each year and end on December 3 1 The Board shall annually consider, amend and adopt a budget consisting of the annual costs for the operation and maintenance of the several Lee County Solid Waste Disposal and Management Facilities, in a manner similar to that by which the County s several annual budgets are considered and adopted, and which describes the MSTU s pro-rata share of such costs therein 3 On or before June 1 of each year, the Board shall deliver to the Lee County Property Appraiser the proper legal description for the Municipal Service Taxing Unit, and on or before July 1 of each year, the Lee County Property Appraiser shall furnish the Board with a copy of a MSTU Taxing Roll which shall include all Designated Properties subject to the MSTU Tax as!&her described in this Ordinance The Lee County Property Appraiser shall receive a fee for this service to be agreed upon between the Property Appraiser and the Board of County Commissioners as the governing body of the MSBU On or before August 1 of each year, the Board shall hold a public hearing to adopt MUNICIPA 20

21 by resolution, the MSTU Annual Ad Valorem Tax millage for the Unit, incorporating a schedule of the said millage which meets the operation and maintenance costs for the several County Solid Waste Disposal Facilities, to be imposed upon the owners of all Designated Properties in the Taxing Unit. Said public hearing may be held concurrently with the public hearing for the adoption of the MSBU Special Assessments, as outlined at Section 7., herein 5 Notice of the public hearing on the MSTU millage shall be published by the Board in a newspaper of general circulation at least once, with the first publication being at least ten (10) calendar days prior to the public hearing. Said public hearing may be continued to a date or dates certain, without the necessity of hrther newspaper advertisements 6. Upon adoption by the Board of the millage rate as provided for in this Section, and before August 1 of each year, the Board shall deliver a certified copy of said millage rate resolution to the Lee County Property Appraiser for certification of the MSTU Ad Valorem Tax Roll for collection of the Annual Disposal Facilities MSTU Tax, pursuant to Florida law. 7. The Solid Waste Disposal Facilities MSTU Tax shall be imposed against the owners of all Designated Properties within the Unit and collected by the Lee County Tax Collector pursuant to Florida law. SECTION 12. CORRECTION OF ERRORS AND OMISSIONS MUNICIPA 21

22 PETITION TO BOARD: No act or error, omission or commission on the part of the Lee County Property Appraiser, Lee County Tax Collector, Board of County Commissioners, Clerk of the Courts, or their deputies or employees, or other Board designees, shall operate to negate the payment of the annual Special Assessments or Ad Valorem Taxes as imposed by the Board under the provision of this Ordinance Provided however, any errors or omissions may be corrected at any time by the officers or party responsible for them in like manner as provided for under this Ordinance for performing such acts in the first place, and when so corrected, they shall be construed as valid ab initio, and shallin no way affect any process by law for the enforcement of the annual Special Assessments or Ad Valorem Taxes as imposed under the provisions of this Ordinance. The Board shall have the authority, at any time, upon its own initiative or in response to a timely filed petition from any affected owner of property, to correct any error or omission in the adoption of any annual Special Assessment Roll, MSTU Ad Valorem Tax Roll, or in the implementation of this Ordinance, including but not limited to, any error in including any property within the scope of this Ordinance or any error in the calculation of the annual Special Assessments or Ad Valorem Tax imposed against any Designated Property. Any owner of affected real property may petition the Board of County Commissioners to correct any asserted error or omission in relation to its property in the adoption of the annual Special Assessment Roll, MSTU Ad Valorem Tax Roll, or in the implementation of this Ordinance, within thirty (30) days from the date the asserted error took place. Such petition shall be iinitiated by filing with the Board or its designee, a writing containing the name of the owner, a MUNICIPA 22

23 AN ORDINANCE C0NSE"G CITY OF SANIBEL ORDINANCE NO TO THE ESTABLISHMENT, BY LEE COUNTY, OF A MUNICIPAL SERVICE BENEFIT UNIT (MSBU) TO BE mow AS THE "MUNICIPAL SOLID WASTE DISPOSAL FACILITIES ASSESSMENT PROGRAM, MSBU"; PROVIDING THE TERM FOR WHICH SAID CONSENT IS GIVEN; PROVIDING FOR INCLUSION OF CITY PROPERTY IN THE MSBU; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICT AND SEVERANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, ;he City and Lee County desire to jointly accomplish certain public health, welfare and safety objectives relating to the disposal of their respective solid waste; and WHEREAS, Chapter 125, Chapter 163 and Chapter 166, F.S., authorize cities and counties to enter into intergovernmental relationships for the purpose of providing municipal services, to include the creation by a county of special assessment units within the City with the City's specific consent; and WHEREAS, the City and County have previously entered into two Solid Waste Disposal Agreements (Agreements Numbered and ) which contemplate the creation of an MSBU by the County within the City for the payment of certain costs associated with the operation and maintenance of the County's Solid Waste Management System; and _. WHEREAS, the City finds that the adoption of this Ordinance is consistent with the requirements, terms and conditions of the two Interlocal Agreements previously entered into with the County, serves a public purpose, and is to the City's benefit;

24 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Sanibel, Lee County, Florida: Section I. The City Council of the City of Sanibel hereby consents to the establishment, by Lee County, of a Municipal Service Benefit Unit to be known as the "Municipal Solid Waste Disposal Facilities Benefit Program, MSBU". The City Council further consents to the inclusion in said MSBU of the following described properties located within the jurisdictional boundaries of the City of Sanibel: See Exhibit A, attached hereto. Section 2. The term for which the foregoing consent is given shall not exceed the terms and conditions as set out in that certain Interlocal Agreement between the City and the County (Agreement No ), attached hereto and made a part hereof as Exhibit B. Section 3. The foregoing consent shall be effective immediately upon its adoption by the City Council. Section 4. Codification. This ordinance shall be deemed an amendment to the Code of Ordinances of the City of Sanibel and Section 5 of Sanibel Ordinance is hereby invoked. Section 5. Conflict. AU ordinances and parts of ordinances in conflict herewith shall be and the same are hereby repealed. If any part of this ordinance conflicts with any other part, it shall be severed and the remainder shall have full force and effect and be liberally construed. -. Section 6. Severance. If any section, subsection, sentence, clause, phrase or portion of this ordinance, or 2

25 application hereof, is, for any reason, held invalid or unconstitutional by any Court of competent jurisdiction, such portionbr application shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion or application hereof. Section 7. Effective Date; This ordinance shall take effect inmediately upon adoption. OULY PASSED I?ND ENACTED by the Council of the City of Sanibel, L,ee County, Florida this 5th day of December, AUTHENTICATION: November 21, 1995 November 24, 1995 December 5, 1995 First Reading Publication Date Second Reading Vote of Councilmembers:. Bailey Davison lanes Kain Westall aye ape aye ave aye Date filed with City Clerk: DEC 7 8% 3

26 A corposate limit line lying offshore from Sanibel Island in portions Of Township 46 South, Rangee 21, 22 and 23 Eaat, Lee county, Florida, which line is described as follows: From the corner common to Sections 17, 18, 19, and 20, Township 46 South, Range 23 East, run easterly along the line common to said Sections 17 and 20 to a point 2,640 feet offshore in San Carlos Bay from the Nean High Tide Line to Section 20 and the point of beginning. From said point of beginning, run easterly 2,640 feet offshore from the Mean High Tide Line of Sanibel Island, to the easterly point of said Island and the mouth of said San Carlos Bay; thence run southwesterly, westerly and northwesterly, 2,640 feet offshore in the Gulf of Mexico from the Mean High Tide Line of Sanibel Island, to an intersection with the centerline of Blind Pass; thence run northeasterly along said centerline to the waters of Pine Island Sound at a point 2,640 feet offshore from the Mean High Tide Line at WUlfert Point in Section 2, Township 46 South, Range 21 East; thence run southeasterly in Pine Island Sound and San Carlos Bay, 2,640 feet offshore from the Mean High Tide Line of said Sanibel Island, to the point of beginning, croseing the entrance to Tarpon Bay in Sections 13 and 14, Township 46 South, Range 22, East. EXCEPTING the right-of-way for the Sanibel Causeway. EXHIBIT A

27 4L TMS INTERLOCAL AGREElMENT is made and entered into this 5 day of (see Pg.10 atk[ L, 1995, by and among LEE COUru'IY; a political subdivision of the State of Florida, acting by and through its Board of County Commissioners, the govem'ng body thereof, hereinafter "County", and the CITES OF CAPE CORAL, FORT MYERS AiVD SrtYIBEL, municipal corporations of the State of Florida, acting by and through their respective City Councils, the governing bodies thereof, hereinafter "Cities", collectively, "the Parties", hereto. WHEREAS, the Board of County Commissioners is the governing body in and for Lee County, and the respective City Councils are the governing bodies in and for the Cities; and, WHEREAS, the County and the Cities desire to cooperate with each other in the management of Municipal Solid Waste WSW) within Lee County and in the development of (a) MSW Disposal Facilities Assessment or Taxkg Program(s) within Lee County, to include he f Cities' incorporated,areas, and wish to enter into a0 Interlocal Agreement for such purpose; and, WHEREAS, pursuant to Chapters 125, 163 and 166, Florida Statutes, the County and the Cities are duly empowered to enter into a0 Interlocal Agreement for the development of such an assessment or taxing program; NOW THEREFORE, in consideration of tbe foregoing, and of the mutual covenants and ~~ conditions hereinafter set forth, the Cities and the County, intending to be legally bound, hereby agree as follows: e c CITY OF SANIBEL EXHIBIT "B" - CONTRACT NO /< A8 a

28 SECTION I. P,!mxEz 11 is the purpose and intent of this Agreement to define the terms and conditions for he Parties' development of a County MSW Disposal Facilities Assessment or Tw'ng Program within the incorporated areas, the selection of which to be at the Cities' sole option, and the other tern and conditions under which the Cities shall participate in said Program. This Agreement is intended to provide to the County with a cooperative mechanism with the Cities for the levy of a MSW Disposal Facilities Special Assessment or Tax within the incorporated areas of the Cities for payment of certain costs for the disposal of MSW through the County's Solid Waste and Resource Recovery System ("System"), for the term of this Interlocal Agreement. All terms and - conditions of this Agreement shall be interpreted in a manner consistent with, and in fdherance of, the purpose as set forth in this Section. SECTION 0. The Cities represent to the County that be execution and detivery of this Agreement has been duly authorized by all appropriate actions of the Governing Body ofthe respective Cities, has been executed and delivered by an authorized officer of the Cities, and constitutes a legal, valid and binding obligation of the Cities. The County represents to the City that the execution and delivery of this Agreement has been duly authorized by all appropriate actions of the Governing Body of the County, has been executed and delivered by an authorized officer of the County, and constitutes a legal, valid and binding obligation of the County. 2

29 SECTION 111. QEi3mas Words or phrases used herein and not otbe4se defined, shall have the meanings given thereto in Section , Florida Statutes. Ln addition, the following terms shall mean: A. B. C. D. E. F. "City" shall mean one or more of the Cities of Cape Cord, Fort Myers and Sanibel, municipal corporatioas of the State of Florida, located within Lee County. "County" shall mean unincorporated Lee County, Florid% a political subdivision of the State offlorida. "Governing Body of the City" shall mean the Ciw Council of the Cities of Cape Coral, Fort Myers and Sanibel. "Governing Body of the Couoty" shall mean the Board of County Commissioners of Lee County. "Municipal Solid Waste" shall mean solid waste as defined at Section (13), Florida Statutes, excluding hazardous waste, recovered materials and horticultural materials. "Municipal Solid Waste Disposal Facilities Assessment or Taxing Program' shall mean a Municipal Service Benefit Unit (A4.S.B.U.) or Municipal Service Taxing Unit (h4.s.t.u.) created by the County at the election of the Cities, pursuant to Chapter , Florida Statutes, with the express cooperation and consent of the Cities as specifically outlined at Section 12S.O1(1)(e), Florida Statutes. SECTION IV - P N W DISPOSAL FACE ITES SPECIAL ASS E S m O R TAXING P ROGW Pursuant to the requirements of Section IZS.Ol(l)(q), Florida Statutes, the Parties shall develop the MSW Disposal Facilities M S B U. Special Assessment Program or M S.T.U. Taxing Program as follows: A County Responsibilities: 1. The County shall develop, articulate, justify and establish an assessment 3

30 methodology for a M.S.B.U. based upon an Equivalent Residential Unit ("ERU") concept, or a millage amount for a M.S.T.U., based on total solid waste generation and total valuation, for all improved properties within the Cities, The same methodologies will be applied for unir~corporated Lee county. The special assessment methodology ifa M.S.B.U. is selected, will be modeled upon, and similar to, the assessment melhodology used by Palm Beach County, Florida. The special assessment methodology includes separating improved property into the following categories, based upon the Department of Revenue (D.O.R.) property improvement codes from the Lee County Property Appraiser, and the average solid waste generation for the particular type of property. A Single Family Residential B. Commercial, Multi-family Residential (mobile homes, apartments, condominja with five plus (5+) units) C. D. E. Commercial Businesses with Low Generation Amounts Commercial Businesses with Medium Generation Amounts Commercial Businesses with High Generation Amounts 2. An average annual solid waste generation amount Will be established for each category by an engineering consultant, based on data from other Florida communities, and confirmed by studies conducted in Lee County. The average generation amount will be established per dwelline unit for 4

31 single-family and multi-famjly residential properties. The average generation amount will be established p w of building area for conunercial-improved property which is not residential All generation estimates will be compared to the average mual generation for a single-family residence to obtain the ERUvalues for each category. 3. The total number of ERUs for each improved property will be established by multiplying the ERU values for the appropnate category, times the number of units, or total building area (depending on the category), for a specific property. The number ofunits or building area will be obtained from the Property Appraiser. 4. The annual Disposal Facility Assessment for each improved property will be established by multiplying the total number of ERUs for that propeity by the annual assessment amount per ERU, as established by the County, 5. Based on the above methodology, the County shall establish the annual assessment amount per ERU. 6. Tbe millage amount, if a M S T U is selected,.will be based upon total solid waste generation for the City in relation to its total ad-valorem valuation. 7. The County, prior to the implementation of Steps above, shall formally present Same to each City at a regulv City Council meeting for Council approval, wch approval not to be unreasonably withheld by any City. 5

32 a. The County agrees that to the extent that it may lawfully do so, the Annual Disposal Facilities Assessmenflax shall not exceed S50.00 per Equivalent Residential Unit (E.R.U.), for the Assessment, or 0.50 mils, for the Tax, whichever method is selected by the respective Cities. 9. The County and the Cities agree that if the maximum levies as outlined at paragraph 8., above, are exceeded in any given year of this Agreement by the amounts as outlined in paragraph 8. above, except for Forces Majeure or Acts of God, then the Cities shall have the right to either: a) approve any such increase to the ley pursuant to justification by the County, with such approval not to be unreasonably withheld, b) renegotiate the tern of this hterlocal Agreement with respect to the increased levies pursuant to justification by the County, or c) tem nate this Interlocal Agreement, upon one hundred twenty (120) days witten notification to the County. 10. Upon implementation of the MSW Dispod Facilities Special Assessment Program or Taxing Program pursuant to this Interlocal Agreement, the County ivill not lev any County-wide, general ad-valorem tar for MSW disposal or system maintenance, for so long as the MSW Disposal Facilities Assessment or Taxing Program for all Cities is implemented. 6

33 B. City Responsibilities: 1. The Cities shall advise the County in writing within ten (10) business days following adoption of this Interlocal Agreement, of their selection with respect to the choice of an M.S.B.U. or M.S.T.U. program, which selection shall be made at the sole oprion of the Cities (See: Exhibit A). 2. The City will use its best efforts and negotiate in good faith with the County in the development of the assessment methodology for the M.S.B.U. or millage for the M.S.T.U., as described in Section IV A I. to A.S., above. 3. The Cities, once the M.S.B.U. or M.S.T.U. methodology has been developed, shall enact City Ordinances granting the Cities' express consent to the County to levy the special assessments or taxes uoder the MSW Disposal Facilities Special Assessment or Taxing Program pursuant to this Interlocal Agreement, and pursuant to Section (1)(q), for the term of the Agreement, as outlined hrther herein. 4. The Cities shall assist the County with the identification ofthose properties to be assessed or taxed under the MSW Special Assessment or Taxing Program, and assist the County with the development of the Program Assessment or Taxing Roll, as it relates to each City. SECTION V. ADDITIONAL REVENUES Any additional or unanticipated revenues obtained by the County as the result of the 7