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81-O-12ORDINANCE NO. 81-0-12 AN ORDINANCE AMENDING ORDINANCE 611 OF THE CITY OF EDGEWATER, FLORIDA, CODIFIED AT SECTION 19-63(b) OF THE CODE OF ORDINANCES, TO BILL TRAILER PARKS, HOTELS, MOTELS, AND MULTIPLE BUSINESSES FOR GARBAGE BASED UPON THE NUMBER OF UNITS THEREIN; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City Council has determined that the present system of regularly reporting occupied units within trailer parks, motels, hotels, and multiple businesses has become impracticable, and WHEREAS, The City Council desires to charge motels, hotels, trailer parks, and multiple businesses in the same manner as residences and commercial enterprises within the City of Edgewater, NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. That Section 19-63(b) of the Code of Ordinances of the City of Edgewater, Florida is hereby amended to read: "(b) The fees provided herein shall be collected by the city by affixing the amount of same to the monthly statements for the use of water; provided however, separate statements shall be rendered to all persons who do not receive a monthly water state- ment. The above stated fees shall be applicable irrespective of whether the residence, the multiple dwelling, the business or commercial establishment, or the trailer park is using city water or sewer services. The city shall make an initial determination of the number of units within hotels, motels, and multiple businesses, and the number of lots, plots, or spaces within trailer parks with trailers thereon, and each hotel, motel, multiple business, and trailer park shall be billed for garbage on the basis of the units or lots therein. The city may adjust the number of billable units when it shall determine that the actual number of units or lots has changed during the billing period." SECTION 2. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict herewith, be and same are hereby repealed. SECTION 3. That this ordinance shall take effect immediately upon its final passage and approval as provided by law. The Ordinance was introduced by Mr. The first reading of the above ordinance was read in full and passed by vote of the City Council of the City of Edgewater, Florida, at the regular meeting of said council held on the day of March, 1981, and approved as provided by law. The second reading of said ordinance to be at a regular meeting of said City Council following public hearing to be held on the day of , 1981. ROLL CALL VOTE AS FOLLOWS Mayor ATTEST FIRST READING SECOND READING City Clerk APPROVED THIS DAY OF 1981. Councilman Councilman Councilman Councilman Councilman Councilman Councilman Councilman Approved to legality and form City Attorney (25) The City Attorney read Ordinance 81-0-11 for. the first reading. AN ORDINANCE AMENDING SECTION 606.02 OF APPENDIX A, THE ZONING ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, TO ALLOW FLEA MARKETS AS'A SPECIAL EXCEPTION WITHIN THE B-3 ZONING DISTRICT; FURTHER PROVIDING SPECIAL CONDITIONS TO BE IMPOSED ON FLEA MARKETS PRIOR TO GRANTING A SPECIAL EXCEPTION;FURTHER AMENDING SECTION 11-8 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, TO IMPOSE AN OCCUPATIONAL LICENSE TAX UPON OWNERS OF FLEA MARKETS, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion to collect a $500.00 fee for owners/operators for each flea market (to be inserted in Section 2, and to delete Section 3 altogether). Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 5-0 Councilman Ledbetter made a motion to adopt the Ordinance as amended, which was seconded by Councilman Lodico. 4-B-1 Upon roll call the motion CARRIED 5-0. (26) The City Attorney read Ordinance 81-0-12, however as several people had pointed out, Section 2 would be inapplicable for trailer parks that contract for their own services, therefore also read Ordinance 81-0-12 (Substitute). AN ORDINANCE AMENDING ORDINANCE 611 OF THE CITY OF EDGEWATER, FLORIDA CODIFIED AT SECTION 19-63(b) OF THE CODE OF ORDINANCES, TO BILL TRAILER PARKS, HOTELS, MOTELS, AND MULTIPLE BUSINESSES FOR GARBAGE BASED UPON THE NUMBER OF UNITS THEREIN; DELETING THE REQUIREMENT THAT FEES BE PAID IN ADVANCE; EXEMPTING TRAILER PARKS WHICH PRIVATELY CONTRACT FOR GARBAGE REMOVAL; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion to use 81-0-12 (.Substitute) amendingSection2. Councilman Pendleton seconded the motion. There was further discussion regarding adopting this ordinance on an emergency basis because the City is losing money by not having this ordinance in affect. Councilman Wilbur made a motion to waive the second reading of the ordinance and adopt on an emergency basis because the City is losing money each month (.$4,800 over the past six months), also the number of units reported by the trailer parks each month is inaccurate. Councilman Lodico seconded the motion. Occupancy of the trailer parks was further discussed. Upon roll call of the motion by Councilman Wilbur the motion CARRIED 5-0. Upon roll call of the motion by Councilman Ledbetter the motion CARRIED 5-0. Councilman Ledbetter stated he would sign a conflict of interest form pertaining to this ordinance. OLD BUSINESS (27) Shuffleboard Repair Councilman Wilbur made a motion to table the request until the April. 6th meeting, which was seconded by Councilman Ledbetter. Upon roll call the motion CARRIED 3-2. Councilman Lodico and Mayor Christy voted NO. Special Council Meeting 3/23/81 -10-