2010-06 Soid WasteRESOLUTION NO. 10 -06
A PRELIMINARY RATE RESOLUTION OF THE CITY OF OKEECHOBEE,
FLORIDA PURSUANT TO THE SECTION 2.08, ORDINANCE NO. 784
RELATING TO THE PROVISION OF SOLID WASTE COLLECTION AND
DISPOSAL SERVICES; SETTING FORTH A BRIEF DESCRIPTION OF
SOLID WASTE SERVICES PROVIDED; DETERMINING THE SOLID
WASTE ASSESSED COST FOR THE UPCOMING FISCAL YEAR;
ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR THE
UPCOMING FISCAL YEAR; AUTHORIZING AND SETTING A PUBLIC
HEARING TO CONSIDER COMMENTS FROM THE PUBUC CONCERNING
ADOPTION OF AN ANNUAL RATE RESOLUTION; DIRECTING THE CITY N
ADMINISTRATOR TO UPDATE THE ASSESSMENT ROLL; AND TO Np
PROVIDE NECESSARY NOTICE THEREOF TO AFFECTED 83
LANDOWNERS IN THE CITY OF OKEECHOBEE; PROVIDING FOR A
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee, Florida has enacted Ordinance No. 784, which 0
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 g
public hearing on July 20, 2010, which provided the opportunity to hear testimony
and take written objections from the public and interested parties in accordance with
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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 Q
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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 $3
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 and apportioning solid waste collection and disposal
costs among parcels of property within the Incorporated area of the City of
Okeechobee, Florida; and
WHEREAS, Ordinance No. 784 Section 2.08 thereof requires that prior to the adoption of
an annual rate resolution that the City must enact a preliminary rate resolution, which
includes the requirement of the City Administrator for the City of Okeechobee
prepare an updated assessment roll; and
WHEREAS, the City Council desires to continue the Solid Waste Collection Assessment
program for the Fiscal Year beginning on October 1, 2010, and said assessment is
a non -ad valorem assessment; and
NOW, THEREOF, 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.
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SECTION 2. PURPOSE AND DEFINITIONS.
This resolution constitutes a preliminary 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 specific 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. DESCRIPTION OF SERVICES.
The services, facilities and programs to be provided to the citizens of the City of
Okeechobee for solid waste collection for the upcoming Fiscal Year include the
continuation of a franchise with a solid waste company acceptable to the City for the
provision of such services; for such company to provide the labor and equipment
necessary to fulfill solid waste services; to provide receptacles for collection; to
provide for scheduled and emergency pick up services; to provide for pick up of
white goods, trash and yard debris; and such other services customarily associated
with such franchise services.
SECTION 4. SOLID WASTE ASSESSED COSTS AND ESTIMATED RATES.
It is determined that the solid waste assessed costs to be assessed for the upcoming
Fiscal Year is the estimated sum of $391,204.32 and that this cost will be
apportioned among customers at an estimated assessment rate for the upcoming
Fiscal Year in the annual sum of $221.52.
SECTION 5. UPDATING ANNUAL ASSESSMENT ROLL.
That the City Administrator is directed to prepare an updated assessment roll for the
Fiscal Year ending September 30, 2011 in the manner provided for in Ordinance No.
784. The updated assessment roll shall be certified on a compatible electronic
medium with that of the Tax Collector, and shall post the non -ad valorem
assessment for each parcel on the roll, to be presented to the City Council for
adoption at an annual rate resolution, which shall be certified to the Tax Collector
before September 15 of the current year. The City Council may make corrections
or alterations to the roll up to 10 days prior to certification to the Tax Collector.
SECTION 6. PUBLIC HEARING.
The City Council authorizes and sets for public hearing the adoption of the annual
assessment roll pursuant to Ordinance No. 784, Section 2.08, to receive public
comment pertaining to adoption of the annual assessment roll on the following date
and time, which shall be duly published by the City Clerk for the City of Okeechobee,
Florida, to -wit:
Date: Tuesday, July 20, 2010
Time: 6:00 p.m., or as soon thereafter as can be heard.
Place: City Hall, 55 S. E. 3b Avenue, Okeechobee, Florida.
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The City Clerk is further directed to provide any supplemental or additional notice of
adoption of the annual assessment roll as may be deemed proper, necessary or
convenient to the City.
SECTION 7. 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 8. EFFECTIVE DATE.
This resolution shall become effective immediately upon its adoption.
INTRODUCED AND ADOPTED in regular session this 20th day of July. 2010.
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ATTEST: Dowling R. Watford, Jr., ayor Pro Tempore
Lane Gamiotea, .0 City Jerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, ity ttorney
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