2009-12 Solid WasteRESOLUTION NO. 09-12
• A RESOLUTION OF THE CITY OF OKEECHOBEE, FLORIDA, RELATING
TO THE PROVISION OF SOLID WASTE COLLECTION AND DISPOSAL
SERVICES; CONTINUING IMPOSITION OF THE SOLID WASTE
COLLECTION ASSESSMENT PREVIOUSLY ESTABLISHED BY
RESOLUTION 01-08; ADOPTING THE ANNUAL RATE RESOLUTION AS
PERMITTED BY ORDINANCE 784 FOR FISCAL YEAR 2009-2010;
APPROVING THE PRELIMINARY RATE RESOLUTION; AND CERTIFYING
THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED BY FLORIDA
STATUTES 197.3632(4)(5) AS NECESSARY UNDER FLORIDA STATUTES
197.3632; PROVIDING FOR PUBLIC HEARING AND COMMENT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Okeechobee, Florida has enacted Ordinance No. 784, which
authorized the imposition of Solid Waste Assessments against certain assessable
property located within the incorporated area of the City of Okeechobee, Florida; and
WHEREAS, the City of Okeechobee, Florida has previously duly noticed and conducted a
public hearing on August 21, 2001, which provided the opportunity to hear testimony
and take written objections from the public and interested parties in accordance with
Section 197.3632 Florida Statutes, and conjunction therewith, provided written notice
to all affected property owners as to the effective time period, geographic area, and
the maximum rate to be assessed against each parcel, and such additional
information as required by law, and
WHEREAS, Section 197.3632(5) requires that by September 15 of each year thereafter,
the chair of the local governing board must certify a non-ad valorem assessment roll
to the Tax Collector, which is necessary for the imposition of such assessments; and
WHEREAS, the imposition of an annual Solid Waste Assessment is an equitable and
efficient method of allocating solid waste collection and disposal costs among
parcels of property within the incorporated area of the City of Okeechobee, Florida;
and
WHEREAS, the City Council desires to continue the Solid Waste Collection Assessment
program for the Fiscal Year beginning on October 1, 2009, and said assessment is
a non-ad valorem assessment; and
WHEREAS, the City has previously adopted a preliminary rate resolution for Fiscal Year
2009-2010 which adopted an estimated assessment rate, and which set the matter
for public hearing this date to consider adoption of the annual assessment; and
NOW, THEREFORE, be it resolved before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City:
SECTION 1. AUTHORITY.
• This resolution is adopted pursuant to the provisions of Ordinance No. 784•
Resolution 01-08, Florida Statutes 197 and other applicable provision of law.
Resolution No. 09-12 Page 1 of 4
SECTION 2. PURPOSE AND DEFINITIONS.
This resolution continues an annual rate resolution as defined in Ordinance No. 784,
Section 2.08, and previously adopted.
The amount of the solid waste assessment imposed each Fiscal Year against each
parcel of improved property shall be based on one or more of the following:
a. Classification of improved property reasonably related to the generation of
solid waste or recovered materials.
b. The physical characteristics of a specified parcel or building.
C. Any other factor reasonably related to the generation of solid waste or
recovered materials; or
d. Any combination of the foregoing; provided however, that the factor or
combination of factors employed to compute the solid waste assessment shall
result in a rate of assessment not in excess of the special benefit accruing to
such parcel of improved property.
SECTION 3. SOLID WASTE COLLECTION AND ANNUAL ASSESSMENT ROLL.
a. It is hereby ascertained, determined and declared that continued imposition
of an annual Solid Waste Assessment consistent with the maximum
Assessment Rate schedule in Section 2.08 of Ordinance No. 784, and
Resolution No. 01-08, and also as adopted as the preliminary rate resolution
for Fiscal Year 2009-2010 adopted by the City Council at a duly advertised
hearing continues to be a fair reasonable method of allocating waste
collection and disposal costs among parcels of property within the
incorporated area of the City of Okeechobee, Florida.
b. That the City Administrator has caused to be prepared the assessment roll for
the Fiscal Year ending September 30, 2010 in the manner provided for in
Ordinance No. 784. The solid waste collection and disposal cost for which
the solid waste collection and disposal assessment is intended to pay is
$379,922.40. The cost shall be apportioned among the parcels of real
property within the incorporated area of the City of Okeechobee, Florida as
reflected on the assessment roll.
C. It is hereby ascertained, determined, and declared that based upon the
findings set forth in paragraph (a) and the solid waste collection and disposal
cost described in paragraph (b), the Rate of Assessment for the 2009-2010
Fiscal Year as set forth in Appendix A and attached hereto and incorporated
herein to continue an increase in the Assessment Rate included in any notice
previously provided to owners of assessable property pursuant to Ordinance
No. 784, Resolution 01-8, and Chapter 197 Florida Statutes.
d. That the Solid Waste Collection Assessment Roll as presented by the City
Administrator is hereby approved and adopted for the 2009-2010 Fiscal Year,
and the chair of the local governing board, being the Mayor for the City of
Okeechobee, Florida or his designee', shall certify this non-ad valorem
assessment roll on compatible electronic medium to the Tax Collector for
Okeechobee County, Florida by September 15, 2009, which roll shall contain
the posting of the non-ad valorem assessment for each parcel.
SECTION 4. ESTABLISH MAXIMUM RATE OF ASSESSMENT.
That the rate of assessment set forth in Appendix A for the year 2009 is adopted as
the rate of assessment for the 2009-2010 Fiscal Year. The City of Okeechobee,
through the chair or his or her designee, reserves the right to make such alterations
to the assessment roll for up to ten days prior to such certification if errors or
omissions are discovered in the roll.
Resolution No. 09-12 Page 2 of 4
SECTION 5. SEVERABILITY.
That if any portion of this resolution should be judicially determined to be
unenforceable, then the balance thereof shall continue to remain in full force and
effect.
SECTION 6. EFFECTIVE DATE.
This resolution shall become effective immediately upon its adoption.
INTRODUCED AND ADOPTED in regular session this 18"' day of August, 2009.
ATTEST:
C--
Lane amiotea,'CMC, City Clerk
James E. Kirk, Mayor
REVIEWED FOR LEGA 7SUFFICIENCY:
John R. Cook, City Attorn
Resolution No. 09-12 Page 3 of 4
RESOLUTION NO. 09-12
Appendix A
The assessments will be computed by multiplying the rate of assessment by, the number
of dwelling units for residential property uses. A single unit will be assessed on the following •
schedule:
The amount to be levied in the year 2009:
$216.48
The maximum amount to be levied in the year 2010:
$232.72
The maximum amount to be levied in the year 2011:
$250.17
The maximum amount to be levied in the year 2012:
$268.93
The maximum amount to be levied in the year 2013:
$289.10
The maximum amount to be levied in the year 2014:
$310.78
The total annual revenue to be collected by this assessment for 2009-2010 is:
$379,922.40
The estimated total annual revenue to be collected by this assessment for 2010-2011:
$408,416.58
The estimated total annual revenue to be collected by this assessment for 2011-2012:
$439,047.82
The estimated total annual revenue to be collected by this assessment for 2012-2013:
$471,976.41
The estimated total annual revenue to be collected by this assessment for 2013-2014:
$507,374.64
The estimated total annual revenue to be collected by this assessment for 2014-2015:
$545,418.90
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