2024-02 Solid Waste Residential Prelim Rate & Assessed Rate FY 24-25 Official Records File#2024008020 Page(s):2
Jerald D Bryant
Clerk of the Circuit Court&Comptroller
Okeechobee. FL Recorded 7/192024 1:57 PM
Fees: RECORDING$18.50
RESOLUTION NO. 2024-02
A PRELIMINARY RATE RESOLUTION OF THE CITY OF OKEECHOBEE,
FLORIDA; PURSUANT TO THE SECTION 2.08 OF 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 (the "City") 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; and
WHEREAS, Section 197.3632(5) of the Florida Statutes 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; and
WHEREAS, Section 2.08 of Ordinance No. 784 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 to prepare an updated Assessment Roll; and
WHEREAS, the City Council desires to continue the Solid Waste Collection Assessment Program for
the Fiscal Year ("FY") beginning on October 1, 2024, and said Assessment is a non-ad
valorem assessment.
NOW,THEREFORE, be it resolved before the City Council for the City; 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: RECITALS.The foregoing "WHEREAS"clauses are ratified and confirmed as being true
and correct and are made a specific part of this Resolution.
SECTION 2: AUTHORITY. This Resolution is adopted pursuant to the provisions of Ordinance No.
784; Resolution No. 01-08, Section 197.3632(5)of the Florida Statutes, and other applicable provision
of law.
SECTION 3: PURPOSE AND DEFINITIONS. This Resolution constitutes a Preliminary Rate
Resolution as defined in Section 2.08 of Ordinance No. 784, and previously adopted. The amount of
the Solid Waste Assessment imposed each FY 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. 2024-02, Page 1 of 2
SECTION 4: DESCRIPTION OF SERVICES. The services, facilities and programs to be provided to
the citizens of the City for solid waste collection for the upcoming FY 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 5: SOLID WASTE ASSESSED COSTS AND ESTIMATED RATES. It is determined that
the Solid Waste Assessed costs to be assessed for the upcoming FY is the estimated sum of
$724,896.00 and that this cost will be apportioned among customers at an estimated Assessment
Rate for the upcoming FY in the annual sum of$402.72.
SECTION 6: UPDATING ANNUAL ASSESSMENT ROLL. That the City Administrator is directed to
prepare an updated Assessment Roll for the FY ending September 30, 2025, 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 7: PUBLIC HEARING.The City Council authorizes and sets for Public Hearing the adoption
of the Annual Assessment Roll pursuant to Section 2.08 of Ordinance No. 784 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. to-wit:
DATE: Tuesday, July 16, 2024.
TIME: 6:00 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 8: CONFLICT. All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed.
SECTION 9: 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 10: EFFECTIVE DATE. This Resolution shall become effective immediately upon its
adoption.
INTRODUCED AND ADOPTED at a Public Hearing held this 16th day of July 2024.
Dowling R ord, ayor
ATTEST:
•
Lane Gamiotea, CM , City Clerk
_—REV1EWEP FOR LEGAL SUFFICIENCY:
�� •
R.Gregory Hyden, City Attorney
Nason Yeager Gerson Harris & Fumero, P.A.
Resolution No.2024-02, Page 2 of 2