Loading...
2021-03 Adopt Solid Waste Residential Rate FY 2021-22RESOLUTION N0. 2021-03 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 2021-22; 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 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 6, 2021, 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, 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 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, 2021, and said assessment is a non-ad valorem assessment; and WHEREAS, the City has previously adoptetl a preliminary rate Resolution for Fiscal Year 2021-22 which adopted an estimated assessment rate, and which set the matter for public hearing this date to consider adoption of the annual 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 continues an annual rate resolution as defined in Ordinance No. 784, Section 2.08, and previously adopted. The amount of the solid waste assessment imposetl 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 specified 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 improvetl property. �o�� o � �, � a -y �o s,o— mv�o�� oB �� o o„� � N r� Z � � T En p o � �a� j g�� �� � 0 � � N 0 � �� � W N D W � Resolution No. 2021-03 - Page 1 of 3 SECTION 3: SOLID WASTE COLLECTION AND ANNUAL ASSESSMENT ROLL. 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 2021-22 adopted by the City Council at a duly ativertised 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. That the City Administrator has caused to be preparetl the assessment roll for the Fiscal Year beginning October 1, 2021, and ending September 30, 2022, 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 $441,779.04. 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. It is hereby ascertained, determinetl, and declared that based upon the findings set forth in paragraph (a) and the solitl waste collection and disposal cost described in paragraph (b), the Rate of Assessment for the 2021-22 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. That the Solid Waste Collection Assessment Roll as presentetl by the City Administrator is hereby approved and atlopted for the 2021-22 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, 2021, 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 2021 is adopted as the rate of assessment for the 2021-22 Fiscal Year. The City of Okeechobee, through the chair or his or her tlesignee, 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: CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 6: 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 7: EFFECTIVE DATE. This Resolution shall become effective immediately upon its adoption. INTRODUCED AND ADOPTED during a Public Hearing held this 6th day of J�, 2021. � ATT�ST: �}� � � ��� Lane amiotea, CMC, City Clerk REVIEWED F EGAL S �— ��. � J n J umero, Esq., City Attorney ,� �; .:.�i'r--�` ��� � ,� '� `�� Dowling R. �lll'atfor , Jr., Mayor Resolution No. 2021-03 - Page 2 of 3 Appendix A The assessments will be computed by multiplying the rate of assessment by, the number of dwelling units for residential property uses. A single unit will be assessed on the following schedule: The amount to be levied in the year 2021: The maximum amount to be levied in the year 2022: The maximum amount to be levied in the year 2023: The maximum amount to be levied in the year 2024: The maximum amount to be levied in the year 2025: The maximum amount to be levied in the year 2026: The maximum amount to be levied in the year 2027: The total annual revenue to be collected by this assessment for FY 2021-22 is: The estimated total annual revenue to be collected by this assessment for FY 2022-23: The estimated total annual revenue to be collected by this assessment for FY 2024-25: The estimated total annual revenue to be collected by this assessment for FY 2025-26: The estimated total annual revenue to be collected by this assessment for FY 2026-27: The estimated total annual revenue to be collected by this assessment for FY 2027-28: The estimated total annual revenue to be collected by this assessment for FY 2028-29: $247.08 $259.44 $272.42 $286.05 $300.36 $315.38 $331.15 $441,779.04 $463,878.72 $487,086.96 $511,457.40 $537,043.68 $563,899.44 $592,096.20 Resolution No. 2021-03 - Page 3 of 3 ,� � ``�y.OF•OKpFc'S� '�% � �m � , -'. .,,,,� m . b �=�''"° MEMORANDUM � • gr M TO: Finance Director Riedel DATE: July 30, 2021 FROM: City Clerk Gamiotea SUBJECT: Solid Waste Collection Assessment Ssl For L� & Residential and Commercial Rates FY 2021 /22 Attached please find three recorded certified copies of Resolution No.'s 2021-02 and 2021-03 along with three copies of the publication affidavit for you to forward to the appropriate offices. Copies for your files will be provided to you via email, and the July 6, 2021 minutes will be provided as soon as they have been approved. Should you need any additional items please contact my office. Thank you. :. . . - � N�WSMED�A iNC. USA Lake Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken Muros, who on oath says she is the Publisher of the Lake Okeechobee News, a weekly Newspaper published in Okeechobee County, Florida, that the attached copy of an advertisement being a �`+ , , <_ � � in the matter of� `":��; a a,t t'=.�- �'i,,,,�a �� �a: �` � � 1;�:�: t� in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of i r.. , , �` ♦. .t '.�. � -.�y � t 7-.�, � 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 n�: promise� any perscr_, f rm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. � ,� __ . �, . ��i" �, w'�/ j �.; ;=��i � ��,—' .�';�`..� � .: � r/�'":.— i /✓�t/ Katrina Elsken Muros Sworn to and subscribed before me by means of :_-p�hysical presence or qnline notarization, this ' ' '� day of ,.Y , ,' " � . . ,:: t AD Notary Public, State of Florida at Large � `�a � �w� .�. gS�PyP��`.;*: MYCOMMISSION#NH291`�6 '�` EXPIRES, May 12� 2�25 �''�.Q� Thru Notary Public Underv+rlters I�'�•};OFF��p� tionded �� ��� a � `i' `�� , �r � ���y1 ����� �� ^� �.. � s�`� ; w � �1 j��� ..� k' 4 � 4 � 1yd'1 � � �, i j �r ,�'� , � \/ � � % � �� `�.'�- f -I c3-;+ J�,,,�lti,,.� �. • � 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 by 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 possi- ble, on Tuesday, July 6, 2021 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 proceed- ings 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, persons with disabilities needing special accommo- dation to participate in this proceeding should contact the City Clerk's Office in person or call 863-763-9814, Hearing Impaired: Florida Relay 7-1-1 no later than four business days prior to proceeding. Copies of the Solid Waste Collection, Disposal and Assessment Ordi- nance No. 784 and all subsequent Assessment Resolutions are avail- able for inspection at the Office of the City Clerk located at City Hall, 55 SE 3rd Avenue, Room 100, Okeechobee, Florida, Monday to Fri- day, 8:00 a.m. to 4:30 p.m. except holidays. The Fiscal Year 2021-22 Assessment Resolutions can be viewed on the City website https:// cityofokeechobee.com/public-notice. html. The assessments are a non-ad valorem assessment and will be col- lected by the Tax Collector in the same manner as your ad valorem tax bill, to be mailed in November 2021, 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. 2021-02 and 2021-03