2018-01 Solid Waste Pre. Res. Rates & Tax Roll CollectionI 111 Hill =illi i?i 11 ii11 Ali
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FILE 2013009110 9110 OR BK 81i:' F( 1292 DATE: 07/16/2018 10:10:45 All
SHARON ROBERTSON CLERK & COMPTROLLER OKEECHOBEE COMM FLORIDA
RECORDING FEES $1&50 RECORDED BY G Newhourn Pss 1292 - 12939 (2 A
RESOLUTION NO. 2018-01
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 S ERVICES 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
CONFLICT; 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 with', the
incorporated area of the City of Okeechobee, Florida; and
WHEREAS, the City of Okeechobee, Florida has previously duly noticec and conducted a public hearing
on July 10, 2018, which provided the opportunity to hear testirnony 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 cif 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 :o the adoption of an annual rate
resolution that the City must enact a preliminary rate Resolution, 'Nhich 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, 2018, 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.
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 a;aainst
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. 2018-01 - 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 >ulid
waste collection for the upcoming Fiscal Year include the continuation of a franchise with a solid \A 1)ste
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 collectioi; to
provide for scheduled and emergency pick up services; to provide for pick-up of white goods, trasl. end
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 i the
estimated sum of $414,750.24 and that this cost will be apportioned among customers at an estimaIed
assessment rate for the upcoming Fiscal Year in the annual sum of $234.72.
SECTION 5: UPDATING ANNUAL ASSESSMENT ROLL.
That the City Administrator is directed to prepare an updated assessment roli for the Fiscal Year ending
September 30, 2019, in the manner provided for in Ordinance No. 784. The updated assessmerl: roll
shall be certified on a compatible electronic medium with that of the Tax Collector, and shall poet 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 cr the
current year. The City Council may make corrections or alterations to the roll up to 10 days prior 10
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
annua assessment roll on the following date and time, which shall be duly published by the City .Jerk
for the City of Okeechobee, Florida, to -wit;
DATE: Tuesday, July 10, 2018
TIME: 6:00 p.m., or as soon thereafter as can be heard.
PLACE: City Hall, 55 S.E. 3rd Avenue, Room 200, Okeechobee, Florida.
The City Clerk is further directed to provide any supplemental or additional notice of adoption c' the
annua assessment roll as may be deemed proper, necessary or convenient to the City.
SECTION 7: CONFLICT.
All resolutions or parts of resolutions in conflict herewith are hereby repealed.
SECTION 8: SEVERABILITY.
That if any portion of this Resolution should be judicially determined to be unenforceable, and the the
balance thereof shall continue to remain in full force and effect.
SECTION 9: EFFECTIVE DATE.
This Resolution shall become effective immediately upon its adoption.
INTRODUCED AND ADOPTED at a Public Hearing held this 10th day of July, 2018.
Lane Gam otea, C
C, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
Resolution No. 2018-01 — Page 2 of 2
Dowling R. Watford, Jr., Meyor