2023-08-01 V. B. Exhibit 3 • • Exhibit 3
08/01/2023
C 44-e..m V. B.
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
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, 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 PO*
(4 6
• •
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.
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. 2023-05, Page 2 of 3 pGge a o b
• •
RESOLUTION NO. 2023- 05
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 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
Resolution No. 2023-05, Page 3 of 3 Pt 30fIP
MINUTE FILE
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Lake Okeechobee News Ex' i}-3
. 1111
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, F o id , that th attached copy of an
advertisement being a �
in the matter of 4,, 'S'S 174(-)_ l 4A,1rn
in the 19th Judicial District of the Circuit Court of Okeechobee
County, Florida,was published in said newspaper in the issues of
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, ' 8 9 10 >>
rebate, commission or refund for the purpose of securing this c,
advertisement for publication in the said newspaper. �, A 17�
^i RECEIVED
1: JUL 18 723
Katrina Elsken Muros
Sworn to and subscribed before me by means of L-physical
presence or ,online notarization, this s- - ea 01 6 $ 3. �
day of ; ` A AD
otary Public, State of Florida at Large
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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 PUBLIC HEARING will be held at R00 P.M..or as soon thereafter as possible.on Tuesday,
August I,2023 at City Hall,55 SE 3rd AVE,in the Council Chambers Room 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 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 to any matter considered at the Hearing,such person will
need to ensure that a verbatim retard of the proceedings is made,including the testimony and evidence
upon which the appeal is based.City Clerk media are for he 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?-1-I no later than fourbustness days 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
Resless above in Room 100,
business hours,may
be inspected/viewed
0 PM,except for entiretyir holidays,at the as contact the City Clerk's Office staff at regular63
763-9814.
The proposed Assessment Resolutions No.2023414 and No.2023-05 for Fiscal Year 2023-24 will be
posted online one week prior la he PUBLIC HEARING date,with the City Council agenda materials on
the City website at hops://www.cityofokeechobee.nMAgendaMlnutes-CityConncil.hnnl.
The said assessment is a non-ad valorem assessment and will be collected by the Tax Collector in
as authorized Section
the.363 termer as your. valorem tax bill.to an mailed in November a 2023, by
19./.7632.Florida Statutes.Failure to pay the assesanems will cause a to certificate to be issued against
the property,which may result in a loss of title.
By:Dowling R.Watford,Jn,Mayor
Artest:City Clerk Lane Oamiotea,CMC
Ad.M03329 My 12
• • 48-1-2DASCO
P cy°m NOTICE OF PUBLIC HEARjS1GhL�
'' 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 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
Paq.e. (p of to