§ 90-116. Determination of assessments and charges; public hearing.

(a)

Under this article, on or before September 15 of each year or as otherwise required by F.S. ch. 197 and after a public hearing, the board of county commissioners shall adopt:

(1)

A budget for the operation and maintenance of the solid waste disposal and resource recovery system for the next fiscal year.

(2)

A rate and use classification resolution incorporating a determination of solid waste generation rates and annual rates, fees, charges, assessments or service charges to be imposed upon the owners of improved real property in the county to be levied and assessed against the improved real property and collected as is provided in this article. Such rates, fees, charges, assessments or service charges shall reflect the benefits conferred by the county in providing the solid waste disposal services and shall provide for the fair and reasonable portion of the cost to the county of providing the services. Any assessments for improved real property will be based upon annual average solid waste generation rates for the particular use classification established by the county for the real property subject to assessment.

(3)

A resolution incorporating a schedule of tipping fees to be charged by the county for receiving and disposing of solid waste not generated within the county and for receiving and disposing of special waste.

(b)

At any time during the year when it is determined by the board of county commissioners that the established annual rates, fees, charges, assessments and service charges, taking into account an allowance for probable failures or delinquencies in collection, will be insufficient to pay all applicable debt service and operation and maintenance costs of the solid waste disposal and resource recovery system and to satisfy all obligations of the county under any related bond resolution or trust indenture, including reserves, the board of county commissioners may adopt, levy and collect a supplemental tipping fee. This supplemental tipping fee shall be collected at the point of disposal of solid waste at the solid waste disposal and resource recovery system and shall be established in the same manner as the annual tipping fees. The supplemental tipping fee shall be sufficient, when coupled with annual disposal assessments, tipping fees and other rates, fees, charges, assessments and service charges then in effect, to fund debt service and operation and maintenance costs of the solid waste and resource recovery disposal system and to satisfy all obligations of the county under any related bond resolution or trust indenture, including reserves, for the remainder of the fiscal year. The supplemental tipping fee shall remain in effect until funds from the annual disposal assessments, tipping fees and other rates, fees, charges, special assessments and service charges are sufficient to cover debt service and operation and maintenance costs of the solid waste and resource recovery disposal system and to satisfy all other obligations of the county under any related bond resolution or trust indenture, including reserves.

(c)

In fixing tipping fees, the board of county commissioners may reasonably classify types of solid waste.

(d)

Notice of the time, place and purpose of the public hearing required by this section shall be given by publication in a newspaper of general circulation in the county once each week for two weeks prior to the hearing or as may otherwise be required by F.S. ch. 197. Additionally, if required by state law, the special assessments shall be included in the notice of proposed property taxes.

(Code 1970, § 23-75; Ord. No. 89-07, § 5, 3-7-89)