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RESOLUTION NO. 2015-03
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 PUBLIC CONCERNING
ADOPTION OF AN ANNUAL RATE RESOLUTION; DIRECTING THE CITY ADMINISTRATOR
TO UPDATE THE ASSESSMENT ROLL; AND TO PROVIDE NECESSARY NOTICE THEREOF
TO AFFECTED LANDOWNERS IN THE CITY OF OKEECHOBEE; 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 July
21, 2015, 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
and apportioning 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, 2015, and said assessment is a non -ad valorem assessment; and
`"10" r s: 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.
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.
Resolution No. 2015 -03 - Page 1 of 2
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 $402,704.40 and that this cost will be apportioned among customers at an estimated
assessment rate for the upcoming Fiscal Year in the annual sum of $229.20.
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, 2016, 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 21, 2015
Time: 6:00 p.m., or as soon thereafter as can be heard.
Place: City Hall, 55 S. E. 3rd Avenue, Okeechobee, Florida.
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 at a Public Hearing held this 21St day of July, 20
ATTEST:
Lane Gamiotea, CM
REVIEWED FOR LEGAL SUFF CIENCY:
John R. Cook, City Attorney
Resolution No. 2015 -03 - Page 2 of 2
J mes E. Kirk, Mayor