2023-08-01 V. A. Exhibit 2 • • Exhibit 2
08/01/2023
2--f311 V.A •
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 I of
5
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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 R. Watford, Jr., Mayor
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J. Fumero, City Attorney
Nason Yeager Gerson Harris & Fumero, P.A.
Resolution No. 2023-04, Page 2 of 2 pia 5
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111.. Lake Okeechobee News Eghl,b -!Z
kNDEPENDENT 313 NW 4th Avenue
Okeechobee, Florida 34972
863-763-3134
NEWSMEDIA INC. USA
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, orid , that the attached copy of an
advertisement being a `N`; t a C -
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•
in the matter of .A`)
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida, was published in said newspaper in the issues of
-73
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, 1 8 9 7p
rebate, commission or refund for the purpose of securing this c,`O 77
advertisement for publication in the said newspaper. �� L� 9y
r\r RECEIVED
juL 18 1013
Katrina Elsken Muros
Sworn to and subscribed before me by means of U-p1 sical
presence or online notarization,thisrTh y` r� x �dpi b �
day of �_i i.�..C._ AD
otary Public, State of Florida at Large
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CITY OF OKEECHOBEE
NOTICE OF PUBLIC REARING
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 end Disposal Services within the incorporated area of the City of Okeechobee,Florida.
The PUBLIC HEARING will be held at S:00 P.M.,or as soon thereafter as possible,on Tuesday,
August 1,2023
at receiving Hall 53,
comment 3rd AVE.on ihe pt the
Council
Chambers
Room 200,Okeechobee.FL,for
purpose of gpu
All affected property owners have a right to appear at the PUBLIC 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 en 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 ere for the sole purpose of backup for official records of
the Clerk.In accordance with the Americans with Disabilities Act,peones with disabilities needing special
accommodation 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-I no later than four business days prior to proceeding.
Copies of proposed Assessment Resolution's No.2023-04 and No.2023.05 for Fiscal Year 2023-24,
the Solid Waste Collection,Disposal and Assessment Ordinance No.784,and all subsequent Assessment
R.01111ione,may be inspected/viewed in their entirety at the address above in Room 100.during regular
business hours,Mon-Fri,8 AM-4:30 PM,except For holidays,contact the City Clerk's Office staff at 863-
763.9814.
The proposed Assssment Resolution's No.2023.04 and No.2023.05 for Fiscal Year 2023-24 will he
ereiepl with the ty Council Imco��terieb on
. tCity vhs at Apa/wwwciryafokeechabecom/ABndaMlnutes-CiCoucil.h
The said assessment is a non-ad valorem assessment and will be collected by the Tax Collector in
die some manner as your ad valorem tax bill,to be incited in November 2023,as authorized by Section
197.3632.Florida Statutes.Failure to pay the assessments will muse a lax certificate to be issued against
the property,which may result in a loss of tide.
By:Dowling R.Watford,In,Mayer
Adest:City Clerk Lane Oamiolea,CMC
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m, NOTICE OF PUBLIC HEARING
Exhc�--
TO CONTINUE IMPOSITION AND PROVIDE FOR a
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 5:00 P.M., or as soon thereafter as possible, on Tuesday,
August 1, 2023, at City Hall, 55 SE 3rd AVE, Rm 200, Okeechobee, FL, 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, persons with disabilities
needing special accommodation 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 proposed Assessment Resolution's No. 2023-04 and No. 2023-05 for Fiscal
Year 2023-24, the Solid Waste Collection, Disposal and Assessment Ordinance No.
784, and all subsequent Assessment Resolutions, may be inspected/viewed in their
entirety at the address above in Room 100, during regular business hours, Mon-Fri, 8
AM-4:30 PM, except for holidays, contact the City Clerk's Office staff at 863-763-9814.
The proposed Assessment Resolution's No. 2023-04 and No. 2023-05 for Fiscal Year
2023-24 will be posted online one week prior to the PUBLIC HEARING date, with the
City Council agenda materials on the City website at https://www.cityof
okeechobee.com/AgendaMlnutes-CityCouncil.html.
The said assessment is 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
2023, 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
Notice Posted: 7-18-23 BB/Website, 7-25-23 SM
Pctgt 5 o 45