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2019-04 Solid Waste Pre. Res. Rates & Tax Roll CollectionRESOLUTION NO. 2019-04 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 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 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 16, 2019, which provided the opportunity to hear testimony and take written objections from the public and interested parities in accordance with Section 197.3632 Florida Statutes, and conjunction therewith, provided written notice to all affected property owners as to the effective tirne period, geographic area, and the maximum rate to be assessed against each parcel, and such additional information as required by law; and WHEREAS, Florida Statutes 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, 2019, and said assessment is a non -ad valorem assessment. 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 proper)/ 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. Resolution No. 2019-04 — Page 1 of 2 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 $421,189.20 and that this cost will be apportioned among customers at an estimated assessment rate for the upcoming Fiscal Year in the annual sum of $237.96 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, 2020, 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 16, 2019 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 of the annual 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 then 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 16th day of July, 2019. ATTEST: Lane amiotea, CM L ) , City Clerk REVIEWED FOR LEGAL SUFFICIENCY: c(j/I\ I 11 John R. Cook, City Attorney Resolution No. 2019-04 — Page 2 of 2 i Dowling R. atfor, Jr., Mayor INDEPENDENT NEWSMEDIA INC. USA Lake Okeechobe 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-31 12 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Lake Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of advertisement being a �'L':.�!.'ikt in the matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 1--I ia_c)19 Affiant further says that the said Lake Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. )0100. Katrina Elsken Sworn to and subscribed before me, this 6-11'' 71 -u ---V;--\ ' day of- .,,� C.) t AD Notary Public, State of Florida at Large 4J_r ANGIE BRIDGES MY COMMISSION 9t FF 976949 EXPIRES:AM20, 2020 Bonded fin; Notary Public Undo/writers (0) 7814' err CITY OF OKEECHOBEE NOTICE OF PUBLIC HEARING TO CONTINUE IMPOSITION AND PROVIDE FOR SOLID WASTE COLLECTION SPECIAL ASSESSMENTS PURSUANT TO FLORIDA STATUTES 197.3632, NOTICE IS HEREBY GIVEN that the City Council of the City of Okeechobee, Florida, will conduct a Public Hearing to consider continuing the imposition of annual solid waste collection special assessments for the provision of residential solid waste collection and disposal services within the incorporated area of the City of Okeechobee, Florida. The Hearing will be held at 6:00 p.m., or as soon thereafter as possible, on Tuesday, July 16, 2019 in the Council Chambers, City Hall, 55 SE 3rd Avenue, Okeechobee, Florida, for the purpose of receiving public comment on the proposed assessments. All affected property owners have a right to appear at the hearing and to file written objections with the City Council within twenty (20) days of this notice. If a person decides to appeal any decision made by the City Council with respect to any matter considered at the hearing, such person will need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which the appeal is based. City Clerk media are for the sole purpose of backup for official records of the Clerk. In accordance with -the Americans with Disabilities Act (ADA) of 1990 persons needing special accommodation to participate in this proceeding should contact the City Clerk's Office at 863-763-3372 for assistance. Copies of the Solid Waste Collection, Disposal and Assessment Ordinance No. 784 and all subsequent Assessment Resolutions are available for inspection at the Office of the City Clerk located at City Hall, 55 SE 3rd Avenue, Room 100, Okeechobee, Florida, Monday to Friday, 3:00 a.m. to 4:30 p.m. except holidays. The assessments are a non -ad valorem assessment and will be collected by the Tax Collector in the same manner as your ad valorem tax bill, to be mailed in November 2019, as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued against the property, which may result in a loss of title. By: Dowling R. Watford, Jr., Mayor Attest: City Clerk Lane Gamiotea, CMC Proposed Resolutions No. 2019-04 and 2019-05 rte. x t..'4 ' , : Y SHARON ROBERTSON CLERK & COMPTROLLER OKEECHOBEE COUNTY, FLORIDA 312 N.W. 3 STREET, SUITE 155 OKEECHOBEE, FL 34972 863.763.2131 REF: DATE:7/17/2019 TIME:2:06:15 PM RECEIPT: 2019006133 CITY OF OKEECHOBEE ACCOUNT #: 0 ITEM - 01 GOV RECD: 7/17/2019 2:06:15 PM FILE: 2019007251 BK/PG 0 827/1335 CITY OF OKEECHOBEE Recording Fees Subtotal 18.50 TOTAL DUE PAID TOTAL PAID CASH CASH RETURNED $18.50 $20.00 $20.00 ($1.50) REC BY: M PINON DEPUTY CLERK www.clerk.co.okeechobee.fl.us 18.50 SHARON ROBERTSON CLERK & COMPTROLLER OKEECHOBEE COUNTY, FLORIDA 312 N.W. 3 STREET, SUITE 155 OKEECHOBEE, FL 34972 863.763.2131 REF: DATE:7/17/2019 TIME:2:08:58 PM RECEIPT: 2019006134 CITY OF OKEECHOBEE ACCOUNT #: 0 ITEM - 01 GOV RECD: 7/17/2019 2:08:58 PM FILE: 2019007252 BK/P0 0 827/1337 CITY OF OKEECHOBEE Recording Fees 27.00 Subtotal 27.00 TOTAL DUE PAID TOTAL PAID CASH $27.00 $27.00 $27.00 REC BY: M PINON DEPUTY CLERK www.clerk.co.okeechobee.f1.us NUMBER DATE DESCRIPTION OF ITEM/SERVICE PURCHASED AMOUNT H,AR, to*d.000 A -9672/T-300 RECEIVED , frA PPROVED BY TO: Finance Director Riedel FROM: City Clerk Gamiotea MEMORANDUM DATE: July 17, 2019 �r4x�C�w�it. Sa t l=ielscdonJ►aAi' FILE COPY SUBJECT: Solid Waste Collection Assessment & Residential and Commercial Rates FY 2019/20 Attached please find three recorded certified copies of Resolution No.'s 2019-04 and 2019-05 in order for you to forward to the appropriate offices, along with three copies of the publication affidavit. Also, attached for your records are copies of adopted Resolution No.'s 2019-04, 2019-05, 2019- 06, and the publication affidavit pertaining to Resolution No.'s 2019-04 and 2019-05. The July 16, 2019, minutes will be emailed as usual in order to print the action taken for your files. Should you need any additional items please contact my office. Thank you.