2024-07-16 VI. B. Ex. 6 • •
Exhibit 6
07/16/2024
RESOLUTION NO. 2024-03
erei VI.13•
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 2024-25; APPROVING THE PRELIMINARY RATE RESOLUTION;
AND CERTIFYING THE SOLID WASTE ASSESSMENT ROLL AS AUTHORIZED
BY THE FLORIDA STATUTES; PROVIDING FOR PUBLIC HEARING AND
COMMENT; 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, the City has previously duly noticed and conducted a Public Hearing on July 16, 2024,
which provided the opportunity to hear testimony and take written objections from the public
and interested parties in accordance with Section 197.3632 of the 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, 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 Solid Waste Collection and Disposal Costs among parcels of property within the
incorporated area of the City; 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; and
WHEREAS, the City has previously adopted a Preliminary Rate Resolution for FY 2024-25 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; 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 continues an annual 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 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. 2024-03, Page 1 of 3
• •
SECTION 4: 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 FY 2024-25 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.
b. That the City Administrator has caused to be prepared the Assessment Roll for the FY
beginning October 1,2024, and ending September 30,2025, 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 $724,896.00. The cost
shall be apportioned among the parcels of real property within the incorporated area of
the City 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 2024-25 FY 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 of the Florida Statutes.
d. That the Solid Waste Collection Assessment Roll as presented by the City Administrator
is hereby approved and adopted for the 2024-25 FY, and the chair of the local governing
board being the Mayor for the City 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, 2024, which Roll shall contain the posting of the non-
ad valorem assessment for each parcel.
SECTION 5: ESTABLISH MAXIMUM RATE OF ASSESSMENT. That the Rate of Assessment set
forth in Appendix A for the year 2024 is adopted as the Rate of Assessment for the 2024-25 FY. The
City, 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 6: CONFLICT. All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed.
SECTION 7: 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 8: EFFECTIVE DATE. This Resolution shall become effective immediately upon its
adoption.
INTRODUCED AND ADOPTED during 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.2024-03,Page 2 of 3
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RESOLUTION NO. 2024-03
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 2024: $402.72
The maximum amount to be levied in the year 2025: $432.92
The maximum amount to be levied in the year 2026: $465.39
The maximum amount to be levied in the year 2027: $500.29
The maximum amount to be levied in the year 2028: $537.81
The maximum amount to be levied in the year 2029: $578.15
The maximum amount to be levied in the year 2030: $621.51
The total annual revenue to be collected by this assessment for FY 2024-25 is: $ 723,285.12
The estimated total annual revenue to be collected by this assessment for FY 2025-26: $ 777,531.50
The estimated total annual revenue to be collected by this assessment for FY 2026-27: $ 835,846.36
The estimated total annual revenue to be collected by this assessment for FY 2027-28: $ 898,534.84
The estimated total annual revenue to be collected by this assessment for FY 2028-29: $ 965,924.95
The estimated total annual revenue to be collected by this assessment for FY 2029-30: $ 1,038,369.32
The estimated total annual revenue to be collected by this assessment for FY 2030-31: $ 1,116,247.02
Resolution No,2024-03, Page 3 of 3