HB2723 PS AM 3-16
C. Roskovensky 3338
The Committee on Political Subdivisions moves to amend the
bill on page one, line sixteen, by striking everything after the
enacting section and inserting in lieu thereof the following:
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ARTICLE 13. TAXATION AND FINANCE.
PART III. SPECIAL CHARGES FOR MUNICIPAL SERVICES.
§8-13-13. Special charges for municipal services.
(a) Notwithstanding any charter provisions to the contrary,
every a municipality which furnishes any essential or special
municipal service, including, but not limited to, police and fire
protection, parking facilities on the streets or otherwise, parks
and recreational facilities, street cleaning, street lighting,
street maintenance and improvement, sewerage and sewage disposal,
and the collection and disposal of garbage, refuse, waste, ashes,
trash and any other similar matter, shall have has plenary power
and authority to provide by ordinance for the installation,
continuance, maintenance or improvement of such the service, to
make reasonable regulations with respect thereto of the service,
and to impose by ordinance upon the users of such the service
reasonable rates, fees and charges to be collected in the manner
specified in the ordinance.
(b) Provided, That Any sewerage and sewage disposal service
and any service incident to the collection and disposal of garbage, refuse, waste, ashes, trash and any other similar matter shall be
is subject to the provisions of chapter twenty-four of this code.
(c) The A municipality shall may not however, have a lien on
any property as security for payments due under such the ordinance.
Provided that, A municipality may file a lien on real property
within the municipal corporate limits on which a delinquency exists
as security for payments of fire, police and street fees. The
ordinance of the municipality authorizing the service set out in
this section shall provide administrative procedures for assessment
and collection of the fees at the municipal level with a right of
appeal to the circuit court. The administrative procedure must
contain a provision which requires the municipality to notify a
person by certified mail return receipt requested ninety days
before the municipality files the lien.
(d) Notwithstanding the provisions of section four, article
eleven of this chapter, any ordinance enacted or substantially
amended under the provisions of this section shall be published as
a Class II legal advertisement in compliance with the provisions of
article three, chapter fifty-nine of this code, and the publication
area for such the publication shall be such is the
municipality.
(e) In the event thirty percent of the qualified voters of the
municipality, by petition duly signed by them in their own
handwriting and filed with the recorder of the municipality within
fifteen forty-five
days after the expiration of such the publication, protest against such the ordinance as enacted or
amended, the ordinance shall does not become effective until it
shall be is ratified by a majority of the legal votes cast thereon
by the qualified voters of such the municipality at a regular
municipal election or special municipal election, as the governing
body shall direct. Voting thereon shall not take place until after
notice of such the submission shall have been is given by
publication as above provided in subsection (c) of this section,
for the publication of the ordinance after it is adopted or
substantially amended.
(f) The powers and authority hereby granted to municipalities
and to the governing bodies thereof of municipalities in this
section are in addition and supplemental to the powers and
authority named in any charters thereof of the municipalities.
(g) Notwithstanding any other provisions of this section, in
the event rates, fees and charges herein provided for shall be in
this section, are imposed by the governing body of any municipality
for the purpose of replacing and in amounts approximately
sufficient to replace in its general fund such amounts as shall be
appropriated to be paid out of ad valorem taxes upon property
within the municipality pursuant to an election duly called and
held under the Constitution and laws of the state to authorize the
issuance and sale of general obligation bonds of the municipality
for public improvement purposes, in the call for which the election it shall be stated that the governing body of the municipality
proposes to impose rates, fees and charges in specified amounts
under this section for the use of one or more of the services above
specified in subsection (a) of this section, which shall be related
to the public improvement proposed to be made with the proceeds of
the bonds, no notice, publication of notice, or referendum or
election or other condition or prerequisite to the imposition of
such the rates, fees and charges shall be required or necessary
other than the legal requirements for issuance and sale of such the
general obligation bonds.
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