2023-05 Adopt Solid Waste Residential Rate FY 2023-24 Official Records File#2023009128 Page(s):3
Jerald D Bryant
Clerk of the Circuit Court&Comptroller
Okeechobee. FL Recorded 8/2/2023 9:41 AM
Fees: RECORDING$27.00
RESOLUTION NO. 2023-05
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 NO. 01-08; ADOPTING THE
ANNUAL RATE RESOLUTION AS PERMITTED BY ORDINANCE NO. 784 FOR
FISCAL YEAR 2023-24; 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 August 1,2023,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
VVHEREAS, 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, 2023, and said Assessment is a non-ad valorem
assessment; and
WHEREAS, the City has previously adopted a Preliminary Rate Resolution for Fiscal Year 2023-24
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 No. 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 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 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 improved
property.
Resolution No.2023-05, Page 1 of 3
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 No. 01-08, and also as adopted as •
the Preliminary Rate Resolution for Fiscal Year 2023-24 adopted by the City Council at a
duly advertised 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.
b. That the City Administrator has caused to be prepared the Assessment Roll for the Fiscal
Year beginning October 1, 2023, and ending September 30, 2024, 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
$690,095.04. 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.
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 2023-24 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 No. 01-8, and Chapter 197 Florida Statutes.
d. That the Solid Waste Collection Assessment Roll as presented by the City Administrator
is hereby approved and adopted for the 2023-24 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, 2023, 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 2023 is adopted as the Rate of Assessment for the 2023-24 Fiscal
Year. The City of Okeechobee, through the chair or his or her designee, reserves the right to make
such alterations to the assessment roll for up to 10-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 1st day of August 2023.
l/f `' /
Dowling RMatfo d, Jr., Mayor
ATTEST:
Lane Gamiotea, CM , City Clerk
REVI OR LEGAL SUFFICIENCY:
Fumero, City Attorney •
Nason Yeager Gerson Harris & Fumero, P.A.
Resolution No.2023-05,Page 2 of 3
RESOLUTION NO. 2023- 05
Appendix A
•
The Assessments will be computed by multiplying the Rate of Assessment by, the number ofdwelling g
units for residential property uses. A single unit will be assessed on the following schedule:
The amount to be levied in the year 2023: $384.24
The maximum amount to be levied in the year 2024: $413.06
The maximum amount to be levied in the year 2025: $444.04
The maximum amount to be levied in the year 2026: $477.35
The maximum amount to be levied in the year 2027: $513.16
The maximum amount to be levied in the year 2028: $551.65
The maximum amount to be levied in the year 2029: $593.03
The total annual revenue to be collected by this assessment for FY 2023-24 is: $ 690,095.04
The estimated total annual revenue to be collected by this assessment for FY 2024-25: $ 741,852.17
The estimated total annual revenue to be collected by this assessment for FY 2025-26: $ 797,491.09
The estimated total annual revenue to be collected by this assessment for FY 2026-27: $ 857,302.93
The estimated total annual revenue to be collected by this assessment for FY 2027-28: $ 921,600.65
The estimated total annual revenue to be collected by this assessment for FY 2028-29: $ 990,720.70
The estimated total annual revenue to be collected by this assessment for FY 2029-30: $1,065,024.76
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Resolution No.2023-05,Page 3 of 3