2024-07-16 VI. A & B. Ex. 5 & 6 • • MINUTE FILE ,
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• •
Okeechobee News-06/26/2024 Page : All
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 6:00 P.M.,or as soon thereafter as possible,on
Tuesday,July 16,2024,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 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 Clerks
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 Resolutions No.2024-02 and No.2024-03 for Fiscal Year
2024-25,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 Clerks Office staff at 863-763-9814.
The proposed Assessment Resolutions No. 2024-02 and No. 2024-03 for Fiscal Year
2024-25 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.cityofokeechobee.com/
AgendaMinutes-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 2024,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
657567 Lake Okeechobee News 6/26/2024
July 16,2024 1:53 pm(GMT-4:00) Powered by TECNAVIA
• • MINUTE FIEF
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NOTICE OF PUBLIC HEARING Exhi
TO CONTINUE IMPOSITION AND PROVIDE FOR 50,4o
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 6:00 P.M., or as soon thereafter as possible, on
Tuesday, July 16, 2024, 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 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 PUBLIC 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. 2024-02 and No. 2024-03 for Fiscal
Year 2024-25, 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. 2024-02 and No. 2024-03 for Fiscal Year
2024-25 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
2024, 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 6/25/24 BB/SM/Website
• •
MINUTE
Exhibit 5
07/16/2024`'C_
(-Fe - Y!,I}.
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. 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.2024-02, Page 2 of 2