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0784 Solid Waste Collection Fees ORDINANCE NO. 784 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA; RELATING TO THE IMPOSITION OF NON AD- VALOREM ASSESSMENTS FOR IMPOSITION OF SOLID WASTE COLLECTION FEES WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF OKEECHOBEE FLORIDA; AUTHORIZING THE IMPOSITION AND COLLECTION OF SOLID WASTE COLLECTION ASSESSMENTS AGAINST PROPERTY; PROVIDING CERTAIN DEFINITIONS; ESTABLISHING A PROCEDURE FOR IMPOSING SOLID WASTE COLLECTION ASSESSMENTS; PROVIDING THAT SOLID WASTE COLLECTION ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF ASSESSMENT ROLL; PROVIDING THAT THE LIEN FOR A SOLID WASTE COLLECTION ASSESSMENT COLLECTED PURSUANT TO SECTIONS 197.3632 AND 197.3635, FLORIDA STATUTES, UPON PERFECTION SHALL ATTACH TO THE PROPERTY ON THE PRIOR JANUARY 1, THE LIEN DATE FOR AD VALOREM TAXES; PROVIDING THAT A PERFECTED LIEN SHALL BE EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY, DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS; IMPOSING INTERIM ASSESSMENTS; PROVIDING A PROCEDURE FOR COLLECTION OF SOLID WASTE COLLECTION ASSESSMENTS; PROVIDING A MECHANISM FOR THE IMPOSITION OF ASSESSMENTS ON GOVERNMENT PROPERTY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF OKEECHOBEE, FLORIDA: ARTICLE I INTRODUCTION SECTION 1.01. DEFINITIONS. As used in this Ordinance, the following words and terms shall have the following meanings, unless the context clearly otherwise requires: "Annual Rate Resolution" means the resolution described in Section 2.08 hereof, establishing the rate at which a Solid Waste Collection Assessment for a specific Fiscal Year will be computed. The Final Assessment Resolution shall constitute the Annual Rate Resolution for the initial Fiscal Year in which a solid waste collection assessment is imposed or reimposed. 1 "Assessed Property" means all parcels of land included on the Assessment Roll that receive a special benefit from the delivery of the solid waste collection services, programs or facilities identified in the Initial Assessment Resolution or a subsequent Preliminary Rate Resolution. "Assessment Roll" means the special assessment roll relating to a Solid Waste Collection Assessment approved by a Final Assessment Resolution pursuant to Section 2.06 hereof or an Annual Rate Resolution pursuant to Section 2.08 hereof. "Council" means the CITY COUNCIL of Okeechobee, Florida. "Building" means any structure, whether temporary or permanent, built for support, shelter or enclosure of persons, chattel, or property of any kind, including mobile homes. This term shall include the use of land in which lots or spaces are offered for use, rent or lease for the placement of mobile homes, travel trailers, or the like for residential purposes. "Building Department" means the administrative office of the City designated by the Council to collect interim solid waste collection Assessments, or such office's designee. "Building Permit" means an official document or certificate issued by the City, under the authority of ordinance or law, authorizing the construction or siting of any building within the City. The term "Building Permit" shall also include set up or tie down permits, or their functional equivalent, for those structures or Buildings, such as a mobile home, that do not require a Building Permit in order to be constructed. "Certificate of Occupancy" means the written certification issued by the City that a building is ready for occupancy for its intended use. For the purposes of this Ordinance, a set up or tie down permit or its equivalent issued for a mobile home shall be considered a Certificate of Occupancy. "Clerk" means the Clerk for the City of Okeechobee, Florida, as ex- officio Clerk of the CITY COUNCIL and such other person as may be duly authorized to act on his or her behalf. "City" means City of Okeechobee, Florida. 2 "City Administrator" means the chief administrative officer of the City, designated by the CITY COUNCIL to be responsible for coordinating the SOLID WASTE COLLECTION ASSESSMENTS, or such person's designee. "Final Assessment Resolution" means the resolution adopted by the City Council as Resolution Number 01 -8 as amended, as described in Section 2.06 hereof which shall confirm, modify, or repeal the Initial Assessment Resolution and which shall be the final proceeding for the initial imposition of SOLID WASTE COLLECTION ASSESSMENTS. "Administrative costs" Are those costs associated with the structure, implementation, collection, and enforcement of the SOLID WASTE COLLECTION ASSESSMENTS, including any service charges of the Tax Collector or Property Appraiser and amounts necessary to off -set discounts received for early payment of SOLID WASTE COLLECTION ASSESSMENTS pursuant to the Uniform Assessment Collection Act or for early payment of SOLID WASTE COLLECTION ASSESSMENTS collected pursuant to Section 3.02 herein; a reasonable amount for contingency and anticipated delinquencies and uncollectible SOLID WASTE COLLECTION ASSESSMENTS; and reimbursement to the City or any other Person for any moneys advanced for any costs incurred by the City or such Person in connection with any of the foregoing components of Solid Waste Assessed Cost. "Fiscal Year" means that period commencing October 1st of each year and continuing through the next succeeding September 30th, or such other period as may be prescribed by law as the fiscal year for the City. "Government Property" means property owned by the United States of America or any agency thereof, a sovereign state or nation, the State of Florida or any agency thereof, a city, a special district or a municipal corporation. "Initial Assessment Resolution" means the resolution described in Section 2.02 hereof which shall be the initial proceeding for the identification of the Solid Waste Assessed Cost for which an assessment is to be made and for the imposition of a solid waste assessment. 3 "Maximum Assessment Rate" means the highest rate of a Solid Waste Assessment established by the CITY COUNCIL in an Initial Assessment Resolution or Preliminary Rate Resolution and confirmed by the CITY COUNCIL in the Final Assessment Resolution or Annual Rate Resolution. "Ordinance" means this Solid Waste Assessment Ordinance, as amended from time -to -time. "Owner" means the Person reflected as the owner of Assessed Property on the Tax Roll. "Person" means any individual, partnership, firm, organization, corporation, association, or any other legal entity, whether singular or plural, masculine or feminine, as the context may require. "Preliminary Rate Resolution" means the resolution described in Section 2.08 hereof initiating the annual process for updating the Assessment Roll and directing the reimposition of SOLID WASTE COLLECTION ASSESSMENTS pursuant to an Annual Rate Resolution. "Property Appraiser" means the Okeechobee County Property Appraiser. "Tax Collector" means the Okeechobee County Tax Collector. "Tax Roll" means the real property ad valorem tax assessment roll maintained by the Property Appraiser for the purpose of the levy and collection of ad valorem taxes. "Uniform Assessment Collection Act" means sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizing the collection of non -ad valorem assessments on the same bill as ad valorem taxes, and any applicable regulations promulgated thereunder. SECTION 1.02. INTERPRETATION. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto," "hereunder" and similar terms refer to this Ordinance; and the term "hereafter" means after, and the term "heretofore" means before, 4 the effective date of this Ordinance. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. SECTION 1.03. GENERAL FINDINGS. It is hereby ascertained, determined, and declared that: (A) Pursuant to Article VIII, Section 1, Florida Constitution, and Chapter 166 Florida Statutes, the CITY COUNCIL has all powers of local self government to perform City functions and to render City services in a manner not inconsistent with law, and such power may be exercised by the enactment of City ordinances. (B) The purpose of this Ordinance is to (1) provide procedures and standards for the imposition of City SOLID WASTE COLLECTION ASSESSMENTS under the general home rule powers of a City to impose special assessments; (2) authorize a procedure for the funding of solid waste services, facilities, or programs providing special benefits to property within the City; and (3) legislatively determine the special benefit provided to Assessed Property from the City's consolidated solid waste services program. (C) The annual SOLID WASTE COLLECTION ASSESSMENTS, to be imposed using the procedures provided in this Ordinance, shall constitute non -ad valorem assessments within the meaning and intent of the Uniform Assessment Collection Act. (D) The SOLID WASTE COLLECTION ASSESSMENTS to be imposed using the procedures provided in this Ordinance are imposed by the CITY COUNCIL, not the Clerk, Property Appraiser or Tax Collector. The duties of the Clerk, Property Appraiser and Tax Collector under the provisions of this Ordinance and the Uniform Assessment Collection Act are ministerial. SECTION 1.04. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT. It is hereby ascertained ana declared that the solid waste services, facilities, and programs provide a special benefit to property because solid waste services possess a logical relationship to the use and enjoyment of improved property by: (1) protecting the value and integrity of improvements, structures and land through the provision of solid waste services; (2) protecting the life and safety of intended occupants in the use and enjoyment 5 of property; and (3) lowering the cost of solid waste collection by the presence of a professional and comprehensive solid waste services program within the City. ARTICLE II ANNUAL SOLID WASTE COLLECTION ASSESSMENTS SECTION 2.01. GENERAL AUTHORITY. (A) The CITY COUNCIL is hereby authorized to impose an annual Solid Waste Assessment to fund all or any portion of the Solid Waste Assessed Cost upon benefitted property at a rate of assessment based on the special benefit accruing to such property from the City's provision of solid waste services, facilities, or programs. All SOLID WASTE COLLECTION ASSESSMENTS shall be imposed in conformity with the procedures set forth in this Article II. (B) The amount of the Solid Waste Assessment imposed in a Fiscal Year against a parcel of Assessed Property shall be determined pursuant to an apportionment methodology based upon a classification of property designed to provide a fair and reasonable apportionment of the Solid waste Assessed Cost among properties on a basis reasonably related to the special benefit provided by solid waste services, facilities, or programs funded with assessment proceeds. (C) Nothing contained in this Ordinance shall be construed to require the imposition of SOLID WASTE COLLECTION ASSESSMENTS against Government Property. SECTION 2.02. INITIAL PROCEEDINGS. (A) The initial proceeding for the imposition of a Solid Waste Assessment shall be the adoption of an Initial Assessment Resolution by the CITY COUNCIL, (1) containing a brief and general description of the solid waste services, facilities, or programs to be provided, (2) determining the Solid Waste Assessed Cost to be assessed, (3) describing the method of apportioning the Solid Waste Assessed Cost and the computation of the Solid Waste Assessment for specific properties, (4) establishing an estimated assessment rate for the upcoming Fiscal Year, (5) establishing a Maximum Assessment Rate, if desired 6 by the CITY COUNCIL, and (6) directing the City Administrator to (a) prepare the initial Assessment Roll, as required by Section 2.03 hereof, (b) publish the notice required by Section 2.04 hereof, and (c) mail the notice required by Section 2.05 hereof using information then available from the Tax Roll. (B) The Initial Assessment Resolution shall also sufficiently identify property that may be subject to the imposition of SOLID WASTE COLLECTION ASSESSMENTS by designating a geographic area within the City where the CITY COUNCIL provides solid waste services, facilities and programs as follows: (1) Such CITY COUNCIL designated geographic area may consist of all or a portion of the incorporated area. The CITY COUNCIL may designate such geographic area by creating a new municipal service benefit unit, which contains a description of the property to be included or by using an existing municipal service benefit area heretofore created by the CITY COUNCIL. (2) Alternatively, the CITY COUNCIL shall identify such property by providing a summary description of the parcels, conforming to the description on the Tax Roll, located within the City that receive a special benefit from the provision of solid waste services, facilities or programs. SECTION 2.03. INITIAL ASSESSMENT ROLL. (A) The City Administrator shall prepare, or direct the preparation of, the initial Assessment Roll, which shall contain the following: (1) A summary description of all Assessed Property conforming to the description contained on the Tax Roll. (2) The name of the Owner of the Assessed Property. (3) The amount of the Solid Waste Assessment to be imposed against each such parcel of Assessed Property. (B) The initial Assessment Roll shall be retained by the City Administrator and shall be open to public inspection. The foregoing shall not be construed to require that the 7 Assessment Roll be in printed form if the amount of the Solid Waste Assessment for each parcel of property can be determined by use of a computer terminal available to the public. SECTION 2.04. NOTICE BY PUBLICATION. Upon completion of the initial Assessment Roll, the City Administrator shall publish, or direct the publication of, once in a newspaper of general circulation within the City a notice stating that at a meeting of the CITY COUNCIL on a certain day and hour, not earlier than 20 calendar days from such publication, which meeting shall be a regular, adjourned, or special meeting, the CITY COUNCIL will hear objections of all interested persons to the Final Assessment Resolution which shall establish the rate of assessment and approve the aforementioned initial Assessment Roll. The published notice shall conform to the requirements set forth in the Uniform Assessment Collection Act. Such notice shall include (A) a geographic depiction of the property subject to the Solid waste Assessment; (B) a brief and general description of the solid waste services, facilities, or programs to be provided; (C) the rate of assessment including a Maximum Assessment Rate in the event one was adopted by in the Initial Assessment Resolution; (D) the procedure for objecting provided in Section 2.06 hereof; (E) the method by which the Solid Waste Assessment will be collected; and (F) a statement that the initial Assessment Roll is available for inspection at the office of the City Administrator and all interested persons may ascertain the amount to be assessed against a parcel of Assessed Property at the office of the City Administrator. SECTION 2.05. NOTICE BY MAIL. In addition to the published notice required by Section 2.04, the City Administrator shall provide notice, or direct the provision of notice, of the proposed Solid Waste Assessment by first class mail to the Owner of each parcel of property (except Government Property) subject to the Solid Waste Assessment. Such notice shall include (A) the purpose of the Solid Waste Assessment; (B) the rate of assessment to be levied against each parcel of property including a Maximum Assessment Rate in the event one was adopted by the Initial Assessment Resolution; (C) the unit of measurement applied to determine the Solid Waste Assessment; (D) the number of such units contained in each parcel of property; (E) the total revenue to be collected by the City 8 from the Solid Waste Assessment; (F) a statement that failure to pay the Solid Waste Assessment will cause a tax certificate to be issued against the property or foreclosure proceedings to be instituted, either of which may result in a loss of title to the property; (G) a statement that all affected Owners have a right to appear at the hearing and to file written objections with the CITY COUNCIL within 20 days of the notice; and (H) the date, time, and place of the hearing. The mailed notice shall conform to the requirements set forth in the Uniform Assessment Collection Act. Notice shall be mailed at least 20 calendar days prior to the hearing to each Owner at such address as is shown on the Tax Roll. Notice shall be deemed mailed upon delivery thereof to the possession of the United States Postal Service. The City Administrator may provide proof of such notice by affidavit. Failure of the Owner to receive such notice due to mistake or inadvertence shall not affect the validity of the Assessment Roll nor release or discharge any obligation for payment of a Solid Waste Assessment imposed by the CITY COUNCIL pursuant to this Ordinance. SECTION 2.06. ADOPTION OF FINAL ASSESSMENT RESOLUTION. At the public hearing as noticed pursuant to Sections 2.04 and 2.05 hereof, or to which an adjournment or continuance may be taken by the CITY COUNCIL, the CITY COUNCIL shall receive any oral or written objections of interested persons and may then, or at any subsequent meeting of the CITY COUNCIL adopt the Final Assessment Resolution which shall (A) confirm, modify, or repeal the Initial Assessment Resolution with such amendments, if any, as may be deemed appropriate by the CITY COUNCIL; (B) establish the rate of assessment to be imposed in the upcoming Fiscal Year; (C) establish a Maximum Assessment Rate that may be imposed in the event such rate was included in the Initial Assessment Resolution; (D) approve the initial Assessment Roll, with such amendments as it deems just and right; and (E) determine the method of collection. The adoption of the Final Assessment Resolution by the CITY COUNCIL shall constitute a legislative determination that all parcels assessed derive a special benefit from the solid waste services, facilities, or programs to be provided or constructed and a legislative 9 determination that the SOLID WASTE COLLECTION ASSESSMENTS are fairly and reasonably apportioned among the properties that receive the special benefit. All written objections to the Final Assessment Resolution shall be filed with the City Administrator at or before the time or adjourned time of such hearing. The Final Assessment Resolution shall constitute the Annual Rate Resolution for the initial Fiscal Year in which SOLID WASTE COLLECTION ASSESSMENTS are imposed or reimposed hereunder. SECTION 2.07. EFFECT OF FINAL ASSESSMENT RESOLUTION. The SOLID WASTE COLLECTION ASSESSMENTS for the initial Fiscal Year shall be established upon adoption of the Final Assessment Resolution. The adoption of the Final Assessment Resolution shall be the final adjudication of the issues presented (including, but not limited to, the determination of special benefit and fair apportionment to the Assessed Property; the method of apportionment and assessment; the initial rate of assessment; the Maximum Assessment Rate, if any; the initial Assessment Roll; and the levy and lien of the SOLID WASTE COLLECTION ASSESSMENTS), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of the CITY COUNCIL action on the Final Assessment Resolution. The initial Assessment Roll, as approved by the Final Assessment Resolution, shall be delivered to the Tax Collector, as required by the Uniform Assessment Collection Act, or if the alternative method described in Section 3.02 hereof is used to collect the SOLID WASTE COLLECTION ASSESSMENTS, such other official as the CITY COUNCIL by resolution shall designate. SECTION 2.08. ADOPTION OF ANNUAL RATE RESOLUTION. (A) The CITY COUNCIL shall adopt an Annual Rate Resolution during its budget adoption process for each Fiscal Year following the initial Fiscal Year for which a Solid Waste Assessment is imposed hereunder. (B) The initial proceedings for the adoption of an Annual Rate Resolution shall be the adoption of a Preliminary Rate Resolution by the CITY COUNCIL (1) containing a brief and general description of the solid waste services, facilities, or programs to be 10 provided; (2) determining the Solid Waste Assessed Cost to be assessed for the upcoming Fiscal Year; (3) establishing the estimated assessment rate for the upcoming Fiscal Year; (4) establishing or increasing a Maximum Assessment Rate, if desired by the CITY COUNCIL; (5) authorizing the date, time, and place of a public hearing to receive and consider comments from the public and consider the adoption of the Annual Rate Resolution for the upcoming Fiscal Year; and (6) directing the City Administrator to (a) update the Assessment Roll, (b) provide notice by publication and first class mail to affected Owners in the event circumstances described in subsection (F) of this Section so require, and (c) directing and authorizing any supplemental or additional notice deemed proper, necessary or convenient by the City. (C) The Annual Rate Resolution shall (1) establish the rate of assessment to be imposed in the upcoming Fiscal Year and (2) approve the Assessment Roll for the upcoming Fiscal Year with such adjustments as the CITY COUNCIL deems just and right. The Assessment Roll shall be prepared in accordance with the method of apportionment set forth in the Initial Assessment Resolution, or any subsequent Preliminary Rate Resolution, together with modifications, if any, that are provided and confirmed in the Final Assessment Resolution or any subsequent Annual Rate Resolution. (D) Nothing herein shall preclude the CITY COUNCIL from providing annual notification to all Owners of Assessed Property in the manner provided in either or both Sections 2.04 or 2.05 hereof. (E) The CITY COUNCIL may establish or increase a MaximumAssessment Rate in an Initial Assessment Resolution or Preliminary Rate Resolution and confirm such Maximum Assessment Rate in the event notice of such Maximum Rate Assessment has been included in the notices required by Section 2.04 and 2.05 hereof. (F) In the event (1) the proposed Solid Waste Assessment for any Fiscal Year exceeds the rates of assessment adopted by the CITY COUNCIL including a Maximum Assessment Rate, if any, that were listed in the notices previously provided to the Owners of Assessed Property pursuant to Sections 2.04 and 2.05 hereof, (2) the purpose for which 11 the Solid Waste Assessment is imposed or the use of the revenue from the Solid Waste Assessment is substantially changed from that represented by notice previously provided to the Owners of Assessed Property pursuant to Sections 2.04 and 2.05 hereof, (3) Assessed Property is reclassified or the method of apportionment is revised or altered resulting in an increased Solid waste Assessment from that represented by notice previously provided to the Owners of Assessed Property pursuant to Sections 2.04 and 2.05 hereof, or (4) an Assessment Roll contains Assessed Property that was not included on the Assessment Roll approved for the prior Fiscal Year, notice shall be provided by publication and first class mail to the Owners of such Assessed Property as provided by law. Such notice shall substantially conform with the notice requirements set forth in Sections 2.04 and 2.05 hereof and inform the Owner of the date, time, and place for the adoption of the Annual Rate Resolution. The failure of the Owner to receive such notice due to mistake or inadvertence, shall not affect the validity of the Assessment Roll nor release or discharge any obligation for payment of a Solid Waste Assessment imposed by the CITY COUNCIL pursuant to this Ordinance. (G) As to any Assessed Property not included on an Assessment Roll approved by the adoption of the Final Assessment Resolution or a prior year's Annual Rate Resolution, the adoption of the succeeding Annual Rate Resolution shall be the final adjudication of the issues presented as to such Assessed Property (including, but not limited to, the determination of special benefit and fair apportionment to the Assessed Property, the method of apportionment and assessment, the rate of assessment, the establishment or increase of a Maximum Assessment Rate, the Assessment Roll, and the levy and lien of the SOLID WASTE COLLECTION ASSESSMENTS), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of the CITY COUNCIL action on the Annual Rate Resolution. Nothing contained herein shall be construed or interpreted to affect the finality of any Solid Waste Assessment not challenged within the required 20 -day period for those SOLID WASTE COLLECTION ASSESSMENTS previously imposed against Assessed Property by the 12 inclusion of the Assessed Property on an Assessment Roll approved in the Final Assessment Resolution or any subsequent Annual Rate Resolution. (H) The Assessment Roll, as approved by the Annual Rate Resolution, shall be delivered to the Tax Collector as required by the Uniform Assessment Collection Act, or if the alternative method described in Section 3.02 hereof is used to collect the SOLID WASTE COLLECTION ASSESSMENTS, such other official as the CITY COUNCIL by resolution shall designate. If the Solid Waste Assessment against any property shall be sustained, reduced, or abated by the court, an adjustment shall be made on the Assessment Roll. SECTION 2.09. LIEN OF SOLID WASTE COLLECTION ASSESSMENTS. Upon the adoption of the Assessment Roll, all SOLID WASTE COLLECTION ASSESSMENTS shall constitute a lien against Assessed Property equal in rank and dignity with the liens of all State, City, district, or municipal taxes and special assessments. Except as otherwise provided by law, such lien shall be superior in dignity to all other prior liens, mortgages, titles, and claims, until paid. The lien for a Solid Waste Assessment shall be deemed perfected upon the CITY COUNCIL's adoption of the Final Assessment Resolution or the Annual Rate Resolution, whichever is applicable. The lien for a Solid Waste Assessment collected under the Uniform Assessment Collection Act shall attach to the property included on the Assessment Roll as of the prior January 1, the lien date for ad valorem taxes imposed under the Tax Roll. The lien for a Solid Waste Assessment collected under the alternative method of collection provided in Section 3.02 shall be deemed perfected upon the CITY COUNCIL's adoption of the Final Assessment Resolution or the Annual Rate Resolution, whichever is applicable, and shall attach to the property on such date of adoption. SECTION 2.10. REVISIONS TO SOLID WASTE COLLECTION ASSESSMENTS. If any Solid Waste Assessment made under the provisions of this Ordinance is either in whole or in part annulled, vacated, or set aside by the judgment of any court, or if the CITY COUNCIL is satisfied that any such Solid Waste Assessment is 13 so irregular or defective that the same cannot be enforced or collected, or if the CITY COUNCIL has failed to include or omitted any property on the Assessment Roll which property should have been so included, the CITY COUNCIL may take all necessary steps to impose a new Solid Waste Assessment against any property benefitted by the Solid waste Assessed Costs, following as nearly as may be practicable, the provisions of this Ordinance and in case such second Solid Waste Assessment is annulled, vacated, or set aside, the CITY COUNCIL may obtain and impose other SOLID WASTE COLLECTION ASSESSMENTS until a valid Solid Waste Assessment is imposed. SECTION 2.11. PROCEDURAL IRREGULARITIES. Any informality or irregularity in the proceedings in connection with the levy of any Solid Waste Assessment under the provisions of this Ordinance shall not affect the validity of the same after the approval thereof, and any Solid Waste Assessment as finally approved shall be competent and sufficient evidence that such Solid Waste Assessment was duly levied, that the Solid Waste Assessment was duly made and adopted, and that all other proceedings adequate to such Solid Waste Assessment were duly had, taken, and performed as required by this Ordinance; and no variance from the directions hereunder shall be held material unless it be clearly shown that the party objecting was materially injured thereby. SECTION 2.12. CORRECTION OF ERRORS AND OMISSIONS. (A) No act of error or omission on the part of the Property Appraiser, Tax Collector, City Administrator, CITY COUNCIL, or their deputies or employees, shall operate to release or discharge any obligation for payment of a Solid Waste Assessment imposed by the CITY COUNCIL under the provision of this Ordinance. (B) When it shall appear that any Solid Waste Assessment should have been imposed under this Ordinance against a parcel of property specially benefitted by the provision of solid waste services, facilities, or programs, but that such property was omitted from the Assessment Roll; or such property was erroneously assessed; or was not listed on the Tax Roll as an individual parcel of property as of the effective date of the Assessment Roll approved by the Annual Rate Resolution for any upcoming Fiscal Year, 14 the CITY COUNCIL may, upon provision of a notice by mail provided to the Owner of the omitted or erroneously assessed parcel in the manner and form provided in Section 2.05, impose the applicable Solid waste Assessment for the Fiscal Year in which such error or omission is discovered, in addition to the applicable Solid waste Assessment due for the prior two Fiscal Years. Such Solid waste Assessment shall constitute a lien against Assessed Property equal in rank and dignity with the liens of all state, city, district, or municipal taxes and special assessments, and superior in rank and dignity to all other prior liens, mortgages, titles, and claims in and to or against the real property involved, shall be collected as provided in Article III hereof, and shall be deemed perfected on the date of adoption of the resolution imposing the omitted, delinquent, or corrected assessments. (C) Prior to the delivery of the Assessment Roll to the Tax Collector in accordance with the Uniform Assessment Collection Act, the City Administrator shall have the authority at any time, upon his or her own initiative or in response to a timely filed petition from the Owner of any property subject to a Solid Waste Assessment, to reclassify property based upon presentation of competent and substantial evidence, and correct any error in applying the Solid Waste Assessment apportionment method to any particular parcel of property not otherwise requiring the provision of notice pursuant to the Uniform Assessment Collection Act. Any such correction shall be considered valid ab initio and shall in no way affect the enforcement of the Solid Waste Assessment imposed under the provisions of this Ordinance. All requests from affected property owners for any such changes, modifications or corrections shall be referred to, and processed by, the City Administrator and not the Property Appraiser or Tax Collector. (D) After the Assessment Roll has been delivered to the Tax Collector in accordance with the Uniform Assessment Collection Act, any changes, modifications, or corrections thereto shall be made in accordance with the procedures applicable to correcting errors and insolvencies on the Tax Roll upon timely written request and direction of the City Administrator. 15 SECTION 2.13. INTERIM ASSESSMENTS. (A) An interim Solid Waste Collection Assessment shall be imposed against all property for which a Certificate of Occupancy (or Building Permit, as determined by the CITY COUNCIL) is issued after the adoption of the Annual Rate Resolution. The amount of the interim Solid Waste Collection Assessment shall be calculated upon a monthly rate, which shall be one twelfth of the annual rate for such property computed in accordance with the Annual Rate Resolution for the Fiscal Year for which the interim Solid Waste Collection Assessment is being imposed. Such monthly rate shall be imposed for each full calendar month remaining in the Fiscal Year. In addition to the monthly rate, the interim Solid Waste Collection Assessment shall also include an estimate of the subsequent Fiscal Year's Solid Waste Collection Assessment. Issuance of the Certificate of Occupancy (or Building Permit, as determined by the CITY COUNCIL) by mistake or inadvertence, and without the payment in full of the interim Solid Waste Collection Assessments shall not relieve the Owner of such property of the obligation of full payment. Any interim Solid Waste Collection Assessment not collected prior to the issuance of the Certificate of Occupancy (or Building Permit, as determined by the CITY COUNCIL) may be collected pursuant to the Uniform Assessment Collection Act as provided in Section 3.01 of this Ordinance, under the alternative collection method provided in Section 3.02 or by any other method authorized by law. Any interim Solid Waste Collection Assessment shall be deemed due and payable on the date the Certificate of Occupancy (or Building Permit, as determined by the CITY COUNCIL) was issued and shall constitute a lien against such property as of that date. Said lien shall be equal in rank and dignity with the liens of all State, City, district or municipal taxes and special assessments, and superior in rank and dignity to all other liens, encumbrances, titles and claims in and to or against the real property involved and shall be deemed perfected upon the issuance of the Certificate of Occupancy (or Building Permit, as determined by the CITY COUNCIL). 16 (B) In the event the CITY COUNCIL chooses to collect the interim Solid Waste Collection Assessment at the time a Building Permit is issued, the following procedure shall apply: (1) In the event a Building Permit expires prior to completion of the Building for which it was issued, and the applicant paid the interim Solid Waste Collection Assessment at the time the Building Permit was issued, the applicant may within 90 days of the expiration of the Building Permit apply for a refund of the interim Solid Waste Collection Assessment. Failure to timely apply for a refund of the Solid Waste Collection Assessment shall waive any right to a refund. (2) The application for refund shall be filed with the City's Building Department and contain the following: (a) The name and address of the applicant; (b) The location of the property and the tax parcel identification number for the property which was the subject of the Building Permit; (c) The date the Solid Waste Collection Assessment was paid; (d) A copy of the receipt of payment for the Solid Waste Collection Assessment; and (e) The date the Building Permit was issued and the date of expiration. (3) After verifying that the Building Permit has expired and that the Building has not been completed, the City's Building Department shall refund the interim Solid Waste Collection Assessment paid for such Building. (4) A Building Permit which is subsequently issued for a Building on the same property which was the subject of a refund shall pay the interim Solid Waste Collection Assessment as required by this Section 2.13. SECTION 2.14. (Reserved) ARTICLE III COLLECTION AND USE OF SOLID WASTE COLLECTION ASSESSMENTS 17 SECTION 3.01. METHOD OF COLLECTION. (A) Unless otherwise directed by the CITY COUNCIL, the SOLID WASTE COLLECTION ASSESSMENTS shall be collected pursuant to the uniform method provided in the Uniform Assessment Collection Act, and the City shall comply with all applicable provisions of the Uniform Assessment Collection Act. Any hearing or notice required by this Ordinance may be combined with any other hearing or notice required by the Uniform Assessment Collection Act or other provision of law. (B) The amount of a Solid waste Assessment to be collected using the uniform method pursuant to the Uniform Assessment Collection Act for any specific parcel of benefitted property may include an amount equivalent to the payment delinquency, delinquency fees and recording costs for a prior year's assessment for a comparable service, facility, or program provided, (1) the collection method used in connection with the prior year's assessment did not employ the use of the uniform method of collection authorized by the Uniform Assessment Collection Act, (2) notice is provided to the Owner as required under the Uniform Assessment Collection Act, and (3) any lien on the affected parcel for the prior year's assessment is supplanted and transferred to such Solid waste Assessment upon certification of a non -ad valorem roll to the Tax Collector by the City. SECTION 3.02. ALTERNATIVE METHOD OF COLLECTION. In lieu of using the Uniform Assessment Collection Act, the CITY COUNCIL may elect to collect the SOLID WASTE COLLECTION ASSESSMENTS by any other method which is authorized by law or under the alternative collection method provided by this Section: (A) The CITY COUNCIL shall provide Solid Waste Assessment bills by first class mail to the Owner of each affected parcel of property, other than Government Property. The bill or accompanying explanatory material shall include (1) a brief explanation of the Solid Waste Assessment, (2) a description of the unit of measurement used to determine the amount of the Solid Waste Assessment, (3) the number of units contained within the parcel, (4) the total amount of the Solid Waste Assessment imposed against the parcel for the appropriate period, (5) the location at which payment will be accepted, (6) the date on 18 which the Solid Waste Assessment is due, and (7) a statement that the Solid Waste Assessment constitutes a lien against Assessed Property equal in rank and dignity with the liens of all State, City, district or municipal taxes and other non -ad valorem assessments. (B) A general notice of the lien resulting from imposition of the SOLID WASTE COLLECTION ASSESSMENTS shall be recorded in the Official Records of Okeechobee County, Florida. Nothing herein shall be construed to require that individual liens or releases be filed in the Official Records. (C) The CITY COUNCIL shall have the right to foreclose and collect all delinquent SOLID WASTE COLLECTION ASSESSMENTS in the manner provided by law for the foreclosure of mortgages on real property or appoint or retain an agent to institute such foreclosure and collection proceedings. A Solid Waste Assessment shall become delinquent if it is not paid within 30 days from the date any installment is due. The CITY COUNCIL or its agent shall notify any property owner who is delinquent in payment of his or her Solid Waste Assessment within 60 days from the date such assessment was due. Such notice shall state in effect that the CITY COUNCIL or its agent will either (1) initiate a foreclosure action or suit in equity and cause the foreclosure of such property subject to a delinquent Solid Waste Assessment in a method now or hereafter provided by law for foreclosure of mortgages on real property, or (2) cause an amount equivalent to the delinquent Solid Waste Assessment, not previously subject to collection using the uniform method under the Uniform Assessment Collection Act, to be collected on the tax bill for a subsequent year. (D) All costs, fees and expenses, including reasonable attorney fees and title search expenses, related to any foreclosure action as described herein shall be included in any judgment or decree rendered therein. At the sale pursuant to decree in any such action, the City may be the purchaser to the same extent as any Person. The CITY COUNCIL or its agent may join in one foreclosure action the collection of SOLID WASTE COLLECTION ASSESSMENTS against any or all property assessed in accordance with 19 the provisions hereof. All delinquent Owners whose property is foreclosed shall be liable for an apportioned amount of reasonable costs and expenses incurred by the CITY COUNCIL and its agents, including reasonable attorney fees, in collection of such delinquent SOLID WASTE COLLECTION ASSESSMENTS and any other costs incurred by the CITY COUNCIL as a result of such delinquent SOLID WASTE COLLECTION ASSESSMENTS and the same shall be collectible as a part of or in addition to, the costs of the action. (E) In lieu of foreclosure, any delinquent Solid Waste Assessment and the costs, fees and expenses attributable thereto, may be collected pursuant to the Uniform Assessment Collection Act; provided however, that (1) notice is provided to the Owner in the manner required by the Uniform Assessment Collection Act and this Ordinance, and (2) any existing lien of record on the affected parcel for the delinquent Solid Waste Assessment is supplanted by the lien resulting from certification of the Assessment Roll, as applicable, to the Tax Collector. (F) Notwithstanding the CITY COUNCIL's use of an alternative method of collection, the City Administrator shall have the same power and authority to correct errors and omissions as provided to him or other City officials in Section 2.12 hereof. (G) Any CITY COUNCIL action required in the collection of SOLID WASTE COLLECTION ASSESSMENTS may be by resolution. SECTION 3.03. GOVERNMENT PROPERTY. (A) In the event SOLID WASTE COLLECTION ASSESSMENTS are imposed against Government Property, the CITY COUNCIL shall provide Solid Waste Assessment bills by first class mail to the Owner of each affected parcel of Government Property. The bill or accompanying explanatory material shall include (1) a brief explanation of the Solid Waste Assessment, (2) a description of the unit of measurement used to determine the amount of the Solid Waste Assessment, (3) the number of units contained within the parcel, (4) the total amount of the parcel's Solid Waste Assessment for the appropriate 20 AI xs. k h i h #k,o 4r ea nA. period, (5) the location at which payment will be accepted, and (6) the date on which the Solid waste Assessment is due. (B) SOLID WASTE COLLECTION ASSESSMENTS imposed against Government Property shall be due on the same date as all other SOLID WASTE COLLECTION ASSESSMENTS and, if applicable, shall be subject to the same discounts for early payment. (C) A Solid Waste Assessment shall become delinquent if it is not paid within 30 days from the date any installment is due. The CITY COUNCIL shall notify the Owner of any Government Property that is delinquent in payment of its Solid Waste Assessment within 60 days from the date such assessment was due. Such notice shall state that the CITY COUNCIL will initiate a mandamus or other appropriate judicial action to compel payment. (D) All costs, fees and expenses, including reasonable attorney fees and title search expenses, related to any mandamus or other action as described herein shall be included in any judgment or decree rendered therein. All delinquent Owners of Government Property against which a mandamus or other appropriate action is filed shall be liable for an apportioned amount of reasonable costs and expenses incurred by the City, including reasonable attorney fees, in collection of such delinquent SOLID WASTE COLLECTION ASSESSMENTS and any other costs incurred by the CITY COUNCIL as a result of such delinquent SOLID WASTE COLLECTION ASSESSMENTS and the same shall be collectible as a part of or in addition to, the costs of the action. (E) As an alternative to the foregoing, a Solid Waste Assessment imposed against Government Property may be collected as a surcharge on a utility bill provided to such Government Property in periodic installments with a remedy of a mandamus action in the event of non payment. The CITY COUNCIL may contract for such billing services with any utility, whether or not such utility is owned by the City. 21 ARTICLE IV GENERAL PROVISIONS SECTION 4.01. APPLICABILITY. This Ordinance and the CITY COUNCIL's authority to impose assessments pursuant hereto shall be applicable throughout the incorporated area of the City. SECTION 4.02. ALTERNATIVE METHOD. (A) This Ordinance shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. This Ordinance, being necessary for the welfare of the inhabitants of the City, shall be liberally construed to effect the purposes hereof, (B) Nothing herein shall preclude the CITY COUNCIL from directing and authorizing, by resolution, the combination with each other of (1) any supplemental or additional notice deemed proper, necessary, or convenient by the City, (2) any notice required by this Ordinance, or (3) any notice required by law, including the Uniform Assessment Collection Act. SECTION 4.03. SEVERABILITY. The provisions of this Ordinance are severable; and if any section, subsection, sentence, clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this Ordinance shall not be affected thereby. SECTION 4.04. EFFECTIVE DATE. The Clerk shall file a certified copy of this Ordinance with the Department of State within ten days of its adoption. This Ordinance shall take effect immediately upon its filing with the Department of State. 22 INTRODUCED for first reading and set for final public hearing this 6 day of November, 2001. Ja P E. Kirk, Mayor ATTEST: Bonnie S. Thomas, CMC, City Clerk PASSED and ADOPTED on second and final public hearing this 4`" day of December, 2001. J E. Kirk, Mayor ATTEST Bonnie S. Thomas, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney 23 REGULAR MEETING - PAGE 4 OF 8 NOVEMBER 6, 2001 COl:JNCIL ACTION.- 'DISCUSSION - VOTE City Attorney read proposed Ordinance No. 783 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING ARTICLE 1\, SECTIONS 2-15 TO SECTIONS 2-20 CODE OF ORDINANCES; PROVIDING FOR INCORPORATION OF ALTERNATIVE CODE ENFORCEMENT PROCEDURES; AMENDING DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE." proposed Ordinance No. 783: seconded by Counci reading of first to approve the moved Council Member Oliver Member Chandler. Attorney Cook said the purpose for this is that the existing ordinance in the code book does not address the previous ordinance's method of collection, this would clean up the ordinance just approved VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED Council Member Watford moved to read by title only and set December 4,2001 as final public hearing date, Ordinance No. 784 authorizing the imposition of non-ad valorem assessments for solid waste collection; seconded by Council Member Chandler. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED City Attorney read proposed Ordinance No. 784 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA RELATING TO THE IMPOSITION OF NON AD-VALOREM ASSESSMENTS FOR AGENDA Il 254 title only NEW BUSINESS CONTINUED City Attorney to read proposed Ordinance No. 783 by A.1.c) VI first reading of proposed Ordinance No. 783 Motion to approve the A.2.a) Discussion A.2.b) , Vote on motion A.2.c) Motion to read by title only and set December 4, 2001 as a public hearing date, Ordinance No. 784 authorizing the imposition of non- ad valorem assessments for solid waste collection - City Attorney (Exhibit 4). 1.a) B public hearing date Vote on motion to read by title only and set b) 1 B title only read proposed Ordinance No. 784 by to City Attorney .c) 1 B 255 - REGULAR MEETING. PAGE 5 OF 8 NOVEMBER 6,2001 COUNCIL ACTION. DISCUSSION -VOTE IMPOSITION OF SOLID WASTE COLLECTION FEES WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF OKEECHOBEE, FLORIDA; AUTHORIZING THE IMPOSITION AND COLLECTION OF SOLID WASTE COLLECTION ASSESSMENTS AGAINST PROPERTY; PROVIDING CERTAIN DEFINITIONS; ESTABLISHING A PROCEDURE FOR IMPOSING SOLID WASTE COLLECTION ASSESSMENTS; PROVIDING THAT SOLID WASTE COLLECTION ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF ASSESSMENT ROLL; PROVIDING THAT THE LIEN FOR A SOLID WASTE COLLECTION ASSESSMENT COLLECTED PURSUANT TO SECTIONS 197.3632 AND 197.3635, FLORIDA STATUTES, UPON PERFECTION SHALL ATTACH TO THE PROPERTY ON THE PRIOR JANUARY 1, THE LIEN DATE FOR AD VALOREM TAXES; PROVIDING THAT A PERFECTED LIEN SHALL BE EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS; IMPOSING INTERIM ASSESSMENTS; PROVIDING A PROCEDURE FOR COLLECTION OF SOLID WASTE COLLECTION ASSESSMENTS; PROVIDING A MECHANISM FOR THE IMPOSITION OF ASSESSMENTS ON GOVERNMENT PROPERTY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE." title only with Ordinance No. 784 by to approve the first reading of proposed 16: seconded by Council Member Oliver. Council Member Watford moved amendments to page 6 and page Attorney Cook indicated that there were misprints that needed to be corrected on page 6 and page 16. He explained the reason for the corrections were if not changed the wording would read as fire services and this Ordinance was for solid waste. The Council noted the changes. There was no further discussion. VOTE KIRK - YEA CHANDLER - YEA OLIVER - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to approve and read by title only Resolution No. 01-14 appointing a code enforce~nt officer; seconded by Council Member Oliver. _ Il AGENDA title only NEW BUSINESS CONTINUED City Attorney to read proposed Ordinance No. 784 by continued. 1.c) B VI first reading of proposed Ordinance No. 784 Motion to approve the B.2.a) _. .,;to.. ~ '-" Discussion B.2.b) Vote on motion B.2.c) Motion to adopt Resolution No. 01-14 appointing a code enforcement officer - City Attorney (Exhibit 5). C 261 DECEMBER 4, 2001 11:\::li!::jl::i:::!!!!I!i:::i:::i:li:::!:li~!::!i:::::::l::i:::l::::i:i:li:::::::::i:::::l::::i:l::::::::::::::I::::::::i:i:l::!ilil:l:llt!:I:i:!I:I,.jf.4::I:!:l::::::::::::::::::'::::::l::i::!::i:i:i:i:::i:i:i:::i~ Council asked for clarification of paragraph number five in the ordinance. Attorney Cook explained that a repeat violator is also a property owne')owning different property, but the same violation. For example a person can own more than one piece of property and be cited for the same violation, at the same time, if they do not bring their property into compliance, they can be labeled as a repeat violator since they have multiple citations. VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. A. 2. b) Public Comments continued c) Vote on motion. VOTE KIRK. YEA CHANDLER. YEA OLIVER. YEA WATFORD. YEA WILLIAMS - YEA MOTION CARRIED. Council Member Watford moved to read by title only proposed Ordinance No. 784 authorizjng the Imposition of non-ad valorem assessments for solid waste collection; seconded by Council Member Wiliams. Motion to read by title only proposed Ordinance No. 784 authorizjng the imposition of non-ad valorem assessments for solid waste collection - City Attorney (Exhibit 2). a) 1 B. " City Attorney Cook read proposed Ordinance No. 784 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA RELATING TO THE IMPOSITION OF NON AD-VALOREM ASSESSMENTS FOR IMPOSITION OF SOLID WASTE COLLECTION FEES VV1THIN THE MUNICIPAL BOUNDARIES OF THE CITY OF OKEECHOBEE, FLORIDA; AUTHORIZING THE IMPOSITION AND COLLECTION OF SOLID WASTE COLLECTION ASSESSMENTS AGAINST PROPERTY; PROVIDING CERTAIN DEFINITIONS; ESTABLISHING A PROCEDURE FOR IMPOSING SOLID WASTE COLLECTION ASSESSMENTS; PROVIDING THAT SOLID WASTE COLLECTION ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF ASSESSMENT ROLL; PROVIDING THAT THE LIEN FOR A SOLID WASTE COLLECTION ASSESSMENT COLLECTED PURSUANT TO SECTIONS 197.3632 AND 197.3635, FLORIDA STATUTES, UPON PERFECTION SHALL ATTACH TO THE PROPERTY ON THE PRIOR JANUARY 1, THE LIEN DATE FOR AD VALOREM TAXES; PROVIDING THAT A PERFECTED LIEN SHALL BE EQUAL IN RANK AND DIGNITY VV1TH THE LIENS OF ALL STATE, COUNTY VOTE KIRK. YEA CHANDLER. YEA OLIVER. YEA WATFORD. YEA WILLIAMS. YEA MOTION CARRIED. b) Vote on motion to read by title only c) City Attorney to read proposed Ordinance No. 784 by title only PAGE 40F 11 . REGULAR MEETING 1IIIII_.I,:j~ll_.III~:.:i I DECEMBER 4,2001 DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS; IMPOSING INTERIM ASSESSMENTS; PROVIDING A PROCEDURE FOR COLLECTION OF SOLID WASTE COLLECTION ASSESSMENTS; PROVIDING A MECHANISM FOR THE IMPOSITION OF ASSESSMENTS ON GOVERNMENT PROPERTY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE." Chandler. Mayor Kirk asked whether there were any questions or comments from the public. There were none. The discussion was held between Council and Staff. The garbage collection will be on the November 2002 tax bill and citizens will be paying for the garbage collection for the 2003 year. After the first year, the City will realized the savings of changing the bill collection. VOTE KIRK. YEA CHANDLER. YEA OLIVER. YEA WATFORD. YEA WILLIAMS. YEA MOTION CARRIED Council Member Oliver moved to read by title only proposed Ordinance No. 785 amending the land use designation from Heavy Commercial to Residential Multi Family at 110 Southwest 9th Avenue, Lots 25 and 26 of Block 200, City of Okeechobee Subdivision; seconded by Council Member Chandler. VOTE KIRK. YEA CHANDLER. YEA OLIVER. YEA WATFORD. YEA WILLIAMS. YEA MOTION CARRIED. 1~1I1[1:1.11:~:lllill!IIJII:I:!lil:lllilll:i:i:i:I:11:1:11:!I!:!:i:il!:il!ill:I,i:!!!II:!I::!:!:!I::'!:!:::!!::::I:IIIIII:I:I:l:li!I:lil:l:llllll:!!I:::,::::j::i:1:::I:I':I:!::I:I:::ll!::II:I:!::i:I,::::lli:il:.::11:::i:lli::::::':I:::!::I::I! 262 Member moved to adopt Ordinance No. 784; seconded by Counci Oliver Council Member B. 1. c) City Attorney to read proposed Ordinance No. 784 by title only continued. 2. a) Motion to adopt Ordinance No. 784. b) Public Comments c) Vote on motion. VI. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. Motion to read by title only proposed Ordinance No. 785 amending the land use designation from Heavy Commercial to Residential Multi Family at 110 Southwest 9th Avenue, Lots 25 and 26 of Block 200, City of Okeechobee Subdivision - City Attorney (Exhibit 3). a) 1 C. Vote on motion to read by title only b)