2016-01 Solid Waste Prel Res Rates & Tax Roll CollectionRESOLUTION NO. 2016-01
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
19, 2016, 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, 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, to 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, 2016, and said assessment is a non -ad valorem 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.
SECTION 2. PURPOSE AND DEFINITIONS.
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This resolution constitutes a preliminary rate resolution as defined in Ordinance No. 784, Secti H�
previously adopted. The amount of the solid waste assessment imposed each Fiscal Year 609 tCalc�
parcel of improved property shall be based on one or more of the following: om
:,.-:',,, m ti m : �riw'� �.- ,nss a. Classification of improved property reasonably related to the generation of solid waste materials. ' U —�-
b. The physical characteristics of a specific parcel or building. " ' :Ai"' -, Ps)
c. Any other factor reasonably related to the generation of solid waste or recovered materialszor ° w i 7 0.
d. Any combination of the foregoing; provided however, that the factor or combination of factor's em7.1r:+ .. ?���
to compute the solid waste assessment shall result in a rate of assessment not in excess of the veciali--0
benefit accruing to such parcel of improved property. 3t4�00 �
Resolution No. 2016 -01 - 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 $405,695.76 and that this cost will be apportioned among customers at an estimated
assessment rate for the upcoming Fiscal Year in the annual sum of $230.64.
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, 2017, 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 19, 2016
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, and 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 19th day of July, 2016.
ATTEST:
Lane Gamiotea; CMC, ity Clerk
REVIEWED FOR LEGAL SU FICIENCY:
John R. Cook, City Attorney
Resolution No. 2016 -01 - Page 2 of 2
.2'
James E. Kirk, Mayor
RESOLUTION NO. 2016-02
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 2016 -2017; 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 July
19, 2016, 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, 2016, and said assessment is a non -ad valorem assessment; and
WHEREAS, the City has previously adopted a preliminary rate resolution for Fiscal Year 2016 -2017 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.
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This resolution is adopted pursuant to the provisions of Ordinance No. 784; Resolution 01 -08, Floricti E
Statutes 197 and other applicable provision of law.
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SECTION 2. PURPOSE AND DEFINITIONS. 4.j
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This resolution continues an annual rate resolution as defined in Ordinance No. 784, Section 2.08, ar17�
previously adopted. m
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The amount of the solid waste assessment imposed each Fiscal Year against each parcel of improve` '
property shall be based on one or more of the following:
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a. Classification of improved property reasonably related to the generation of solid waste or recovere.
materials. o �'-n
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b. The physical characteristics of a specified parcel or building. r y
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 employe r
to compute the solid waste assessment shall result in a rate of assessment not in excess of the specifflmil
benefit accruing to such parcel of improved property. g
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Resolution No. 2016 -02 - Page 1 of 3
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
2016 -2017 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
beginning October 1, 2016, and ending September 30, 2017, 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 $405,695.76. 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 2016 -2017 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 2016 -2017 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, 2016, 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 2016 is adopted as the rate of assessment
for the 2016 -2017 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.
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 during a Public Hearing held this 19th day of July,
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Resolution No. 2016 -02 - Page 2 of 3
James E. Kirk, Mayor
Appendix A
The assessments will be computed by multiplying the rate of assessment by, the number of dwelling
residential property uses. A single unit will be assessed on the following schedule:
The amount to be levied in the year 2016:
The maximum amount to be levied in the year 2017:
The maximum amount to be levied in the year 2018:
The maximum amount to be levied in the year 2019:
The maximum amount to be levied in the year 2020:
The maximum amount to be levied in the year 2021:
The maximum amount to be levied in the year 2022:
$230.64
$242.17
$254.28
$267.00
$280.35
$294.37
$309.09
The total annual revenue to be collected by this assessment for 2016 -2017 is:
The estimated total annual revenue to be collected by this assessment for 2017 -2018:
The estimated total annual revenue to be collected by this assessment for 2018 -2019:
The estimated total annual revenue to be collected by this assessment for 2019 -2020:
The estimated total annual revenue to be collected by this assessment for 2020 -2021:
The estimated total annual revenue to be collected by this assessment for 2021 -2022:
The estimated total annual revenue to be collected by this assessment for 2022 -2023:
Resolution No. 2016 -02 - Page 3 of 3
units for
$405,695.76
$425,980.55
$447,279.58
$469,643.56
$493,125.74
$517,782.03
$543,671.13