2023-04 Solid Waste Residential Prelim Rate & Collection Method Official Records Fi1e#2023009126 Page(s):2
Jerald D Bryant
Clerk of the Circuit Court&Comptroller
Okeechobee, FL Recorded 8/2/2023 9:39 AM
Fees: RECORDING$18.50
RESOLUTION NO. 2023-04
• 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, 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, 2023, 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 No. 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 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.2023-04, 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$690,095.04 and that this cost will be apportioned among customers at an estimated Assessment
Rate for the upcoming Fiscal Year in the annual sum of$384.24.
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, 2024, 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, August 1, 2023
TIME: 5:00 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 1st day of August 2023.
Dowling R7VVatford, Jr., Mayor
ATTEST:
Lane Gamiotea, C C, City Clerk
REVI FOR SUFF CIENCY:
n J. Fumero, City Attorney •
Nason Yeager Gerson Harris & Fumero, P.A.
Resolution No.2023-04,Page 2 of 2