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2002-11 Solid WasteRESOLUTION NO. 02 -11 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; APPROVING 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 EFFECTIVE DATE. NO nc0525 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 August 21, 2001, 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, 2002, and said assessment is a non -ad valorem assessment levied for the first time, and; NOW, THEREFORE, be it resolved by the City Council for the City of Okeechobee, Florida that: 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. Page 1 of 3 0 8 1 4 f/LO526 SECTION 2: PURPOSE AND DEFINITIONS. This resolution constitutes an Annual rate resolution as defined in Ordinance No. 784, section 2.08, and as 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 facto 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. 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 01 -8 as amended by Resolution No. 01 -13, and as adopted as the preliminary rate resolution adopted by the City Council at its annual budget hearing continues to be a fair and 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 ending September 30, 2003 in the manner provide 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 241,538.76. 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 2002/2003 fiscal year as set forth in appendix A and attached hereto and incorporated herein continue to be a fair and reasonable rate of assessment which includes an increase in the assessment rate included in notice previously provided to owners of assessable property, pursuant to Resolution 01 -13 adopted at a public hearing on October 16, 2001. d. That the solid waste collection assessment roll as presented by the City Administrator is hereby approved and adopted for the 2002/2003 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, 2002. SECTION 4. ESTABLISH MAXIMUM RATE OF ASSESSMENT. That the rate of assessment set forth in Appendix A for the year 2003 is adopted as the rate of assessment for the 2002/2003 fiscal year. Page 2 of 3 The assessments will be computed by multiplying the rate of assessment by, the number of dwelling units for residential property uses. A single units will be assessed on the following schedule: The total annual revenue to be collected by this assessment for 2002 -2003 is $241,538.76. The estimated total annual revenue to be collected by this assessment for 2003 -2004 is $241,538.76. The estimated total annual revenue to be collected by this assessment for 2004 -2005 is $241,538.76. The estimated total annual revenue to be collected by this assessment for 2005 -2006 is $241,538.76. The estimated total annual revenue to be collected by this assessment for 2006 -2007 is $241,538.76. The estimated total annual revenue to be collected by this assessment for 2007 -2008 is $241,538.76. Appendix A The amount to be levied in the year 2002: $137.16 The maximum amount to be levied in the year 2003: $137.16 The maximum amount to be levied in the year 2004: $137.16 The maximum amount to be levied in the year 2005: $137.16 The maximum amount to be levied in the year 2006: $137.16 The maximum amount to be levied in the year 2007: $137.16 JR 04$ 0528 Appendix A Assessment Calculations, Resolution No. 02 -11 containing pgs. 1 -4. Adopted September 3, 2002