HomeMy WebLinkAboutR-24-45 Non-Ad Valorem Assessment for Solid WasteRESOLUTION NO. R-24-45
A RESOLUTION OF THE CITY OF SEBASTIAN,
INDIAN RIVER COUNTY, FLORIDA, APPROVING
AND CERTIFYING THE NON -AD VALOREM
ASSESSMENT ROLL AS AUTHORIZED BY SECTION
197.3632, FLORIDA STATUTES, FOR THE COST OF
PROVIDING SOLID WASTE COLLECTION
SERVICES WITHIN THE INCORPORATED AREA
OF THE CITY OF SEBASTIAN; PROVIDING FOR
ADMINISTRATIVE ACTIONS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SCRIVENER'S
ERRORS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, per Florida Statute Section 197.3632, the City of Sebastian must approve
and certify the non -ad valorem assessment roll during a public hearing; and
WHEREAS, through the adoption of Resolution R-23-37 on December 13, 2023, the
City Council stated its intention to use the uniform method of collecting a non -ad valorem
special assessment for the cost of solid waste collection and disposal services pursuant to Florida
Statute Section 197.3632 under its municipal powers in order to provide for the health safety and
welfare of the general public; and
WHEREAS, through the adoption of Ordinance No. 0-23-06 on April 26, 2023, the City
Council granted an exclusive franchise agreement for residential solid waste collection to Waste
Management, Inc., in accordance with Article V of the City of Sebastian City Code of
Ordinances; and
WHEREAS, in accordance with Florida Statute Section 197.3632, the City Council
executed an agreement on February 14, 2024 with the Indian River Tax Collector for the
reimbursement of costs for solid waste collection and disposal services non -ad valorem
assessments; and
WHEREAS, as required by Florida Statute Section 197.3632, the City is required to
adopt the non -ad valorem assessment roll at a Public Hearing when it is being levied for the first
time; and
WHEREAS, as required by Florida Statute Section 197.3632 the City of Sebastian duly
noticed each property owner of the public hearing at least 20 days before by first-class mail and
the City of Sebastian advertised the public hearing, in a newspaper of general circulation with
Indian River County, Florida, 4 weeks preceding the public hearing; and
WHEREAS, proof of first-class mailing and newspaper publication of such hearing is
attached hereto as Exhibit A; and
WHEREAS, a boundary map of real property subject to the levy is attached hereto as
Exhibit B; and
WHEREAS, upon passage of this Resolution, the City Manager is authorized to take the
necessary administrative measures required to ensure that the solid waste assessments are
properly assessed and collected; and
WHEREAS, adoption of this Resolution, the levy collection and enforcement of costs of
non -ad valorem assessments for the cost of solid waste collection and disposal services to real
property within the incorporated area of the City is determined to be in the public interest and
provides for the general health safety and welfare of the citizens of the City of Sebastian.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS:
SECTION 1. RECITALS. The above Whereas Clauses are true, correct, and are hereby
adopted and incorporated herein as the legislative findings of the City Council of the City of
Sebastian.
SECTION 2. INTENT. The City Council does hereby state and express its clear intent
to utilize the uniform method for the levy, collection and enforcement of non -ad valorem
assessments pursuant to Florida Statute 197.3632 for the levy, collection and enforcement of
costs for solid waste collection and disposal services for all real property located within the City
of Sebastian, as described in Exhibit B attached hereto in order to provide for the health, safety
and welfare of the citizens of the City.
SECTION 3. NEED FOR LEVY. The City Council does hereby state and express the
need for levy in order to provide for the collection and enforcement of non -ad valorem
assessments pursuant to Florida Statute 197.3632 collection and enforcement of costs for solid
waste collection and disposal services for all real property located within the City of Sebastian,
as described in Exhibit B attached hereto in order to provide for the health, safety and welfare of
the citizens of the City.
SECTION 4. ADMINISTRATIVE ACTIONS/MEASURES. The City Manager is
further authorized to take any and all other necessary administrative measures required to ensure
that the solid waste assessments are properly assessed and collected.
SECTION 5. CONFLICT. All Resolutions or parts of Resolutions in conflict herewith
are hereby repealed.
SECTION 6. SCRIVENER'S ERRORS. Sections of this Resolution may be
renumbered or re -lettered and corrections of typographical errors which do not affect the intent
may be authorized by the City Manager, or the City Manager's designee, without need of further
action of City Council by filing a corrected copy of same with the City Clerk.
SECTION 7. EFFECTIVE DATE This Resolution shall take effect upon adoption.
The foregoing Resolution was moved for adoption by Council Member
Dixon . Motion was seconded by Council Member Nunn and,
upon being put to a vote, the vote was as follows:
Mayor Ed Dodd ave
Vice -Mayor Kelly Dixon aye
Councilmember Fred Jones nay
Councilmember Bob McPartlan nay
Councilmember Christopher Nunn aye
The Mayor thereupon declared this Resolution duly passed and adopted this 28a' day of August,
2024.
CITY OF SEBASTIAN, FLORI)3A
Ed Dodd, Mayor
ATTEST: n /J
�/�i tX LQ1►LQ
J ette Williams, City Clerk
APPROVED AS TO FORM AND LEGALITY:
G0-tq— J nif Cockcroft, Esq., City Attorney
CITY OF
AN
HOME OF PELICAN ISLAND
City of Sebastian
1225 Main Street
Sebastian, FL 32958
The Gty of Sebastlae.
Fkdda
A
NOTICE OF PUBLIC HEARING TO
CONSIDER ADOPTION OF A MON-
AD VALOREM ASSESSMENT ROLL
PURSUANT TO SECTION 197.3632
(4)(a), FLORIDA STATUTES, BY
THE CITY OF SEBASTIAN, FL
FIRST-CLASS MAIL
PRESORTED
U S POSTAGE PAID
WEST PALM BCH FL
PERMIT NO.980
Em
NOTWE OF PUBLICIIEARiNG TO CONSIDER ADOPTION OF A `ON -AD VALOREM ASSESSh1ENT ROL1
PURSU % TO SEC11'ION 197.3632(4)(a), FLORIi) N S'1'.%'i'1'TES. 81' THE ('ITti' OF SEII.%S'i'I %N. FLORIi) eN
Notice is hereby given that the City Council of the City of Sebastian (the "City) will conduct a public hearing to consider the
adoption of a non -ad valorem assessment roll as authorized by section 197.3632, Florida Statutes for the cost of providing solid
waste collection services beginning on October 1, 2024.
The hearing will be held at 6:00 p.m. or as soon thereafter as the item can be heard, on August 28, 2024, in the City Council
Chambers at 1225 Main Street. Sebastian, FL 32958. The non -ad valorem assessment will be for the cost of providing solid waste
collection services. The total rate per residential unit for solid waste collection service will be S206.70 annually. Each residential
parcel shall be charged this fee for each individual residential unit. The total amount collected by the City of Sebastian f )r this
assessment is estimated to be $2.461,178.
The waste collection assessment against non -government residential property will be collected by the Tax Collector of Indian River
County, pursuant to Chapter 197. Florida Statutes, on the tax bill to be mailed in November 2024. Failure to pay the waste
collection assessment will cause a tax certificate to be issued against the assessed property, which may result in a loss oftitle to your
property. The assessment against government property will be collected by the City by separate bill.
All affected property owners have a right to appear at the hearing and to file written objections with the City. All written
objections must be tiled with the Council within twenty (20) days ofthis notice. Please include your name, address/parcel number.
and the reason you object to the assessment on all written objections. Address all written objections as follows: Sebastian City
Council. 1225 Main Street. Sebastian. FL 32958. Any person wishing to appeal any decision of the Council with respect to any
matter considered will need to make the necessary arrangements for ensuring that a verbatim record of the proceeding is made.
In accordance with the American with Disabilities Act, persons needing a special accommodation or an interpreter to participate in
this proceeding should contact the ADA Coordinator at (772) 388-8222 at least 48 hours prior to the date of the hearing.
Publish Display Ad. Indian River Press .lournal — August 4
OF LocaliQ
Florida PO Box 631244 Cincinnati, OH 45263-1244
GANNETT
AFFIDAVIT OF PUBLICATION
Jeanette Williams
City Of Sebastian
1225 Main St
Sebastian FL 32958
STATE OF WISCONSIN, COUNTY OF BROWN
Before the undersigned authority personally appeared, who
on oath says that he or she is the Legal Advertising
Representative of the Indian River Press Journal/St Lucie
News Tribune/Stuart News, newspapers published In Indian
River/St Lucie/Martin Counties, Florida; that the attached
copy of advertisement, being a Legal Ad in the matter of
Main Legal CLEGL, was published on the publicly accessible
websites of Indian River/St Lucie/Martin Counties, Florida,
or in a newspaper by print in the issues of, on:
08/04/2024
Afflant further says that the website or newspaper complies
with all legal requirements for publication in chapter 50,
Florida Statutes.
Subscribed an sw n to before me,jbhe legal clerk, who
Is personally now to me, on 01/044 1
Legal Clerk �
Notary, S atc o��8rown
My commission expires
Publication Cost: $481.20
Tax Amount: $0.00
Payment Cost: $481.20
Order No: 10428222 tJ of Copies:
Customer No: 1125948 1
PO fl:
THIS IS NOT AN INVOICE!
Please do not are this form for payment rentinanee.
KAITLYN FELTY
Notary Public
State of Wisconsin
Page 1 of 2
M
A
01
lorlda
of
NOTICE OF PUBLIC NEARING TO CONSIDER ADOPTION
OF A NON -AD VALOREM ASSESSMENT ROLL PURSUANT
TO SECTION 197.3632(4)(a), FLORIDA STATUTES, BY THE
CITY OF SEBASTIAN, FLORIDA
Notice is hereby given that the City Council of the City of
Sebastian (the "City) will conduct a public hearing to consider
the adoption of a non -ad valorem assessment roll as authorized
by section 197.3632, Florida Statutes for the cost of providing
solid waste collection services beginning on October 1, 2024.
The hearing will be held at 6:00 p.m. or as soon thereafter as
the Rem can be heard, on August 28, 2024, in the City Council
Chambers at 1225 Main Street, Sebastian, FL 32958. The
non -ad valorem assessment will be for the cost of providing
solid waste collection services. The total rate per residential unit
for solid waste collection service will be $206.70 annually. Each
residential parcel shall be charged this fee for each individual
residential unit. The total amount collected by the City of
Sebastian for this assessment is estimated to be $2,461,178.
The waste collection assessment against non -government
residential property will be collected by the Tax Collector of
Indian River County, pursuant to Chapter 197, Florida Statutes,
on the tax bill to be mailed in November 2024. Failure to pay the
waste collection assessment will cause a tax certificate to be
Issued against the assessed property, which may result in a loss
of title to your property. The assessment against government
property will be collected by the City by separate bill.
Ali affected property owners have a right to appear at the hearing
and to file written objections with the City. All written objections
must be filed with the Council within twenty (20) days of this
notice. Please Include your name, addresstparcel number, and
the reason you objectto the assessment on all written objections.
Address all written objections as follows: Sebastian City Council,
1225 Main Street, Sebastian, FL 32958. Any person wishing to
appeal any decision of the Council with respect to any matter
considered will need to make the necessary arrangements
for ensuring that a verbatim record of the proceeding
Is made.
In accordance with the American with Disabilities Act, persons
needing a special accommodation or an interpreterto participate
in this proceeding should contact the ADA Coordinator at (772)
388-8222 at least 48 hours prior to the date of the hearing. j
Publish Display Ad, Indian River Press Journal —August 4
CITY OF SEBASTIAN
CITY COUNCIL AGENDA TRANSMITTAL
DATE
August 28, 2024
TO
Honorable Mayor and City Council
THRU
Brian Benton, City Manager
FROM
Brian Benton, City Manager
S E B A S T I A N
SUBJECT
Consideration of Resolution No. R-24-45 Approving and
CENTENNIAL CELEBRATION
Certifying the Non -Ad Valorem Assessment Roll for the
1914-1014
cost of providing solid waste collection services within
the incorporated area of the City of Sebastian
EXECUTIVE SUMMARY
The City of Sebastian entered into a franchise agreement with Waste Management, Inc. for universal
solid waste collection and disposal services on April 12th, 2023. This agreement was in response to
RFP #22-07, Exclusive Curbside Solid Waste Collection Services. City Council then approved
Amendment #1 of the agreement on July 24, 2024 reducing the monthly franchise fee for residential
customers.
The City Council adopted Resolution R-23-37 on December 13, 2023, stating its intention to use the
uniform method of collecting a non -ad valorem special assessment for the cost of solid waste collection
and disposal services pursuant to Florida Statute Section 197.3632 and its municipal powers in order to
provide for the health safety and welfare of the general public.
Pursuant to Florida Statute 197.3632, the City shall adopt a non -ad valorem assessment roll at a public
hearing since the assessment is being levied for the first time. Pursuant to the applicable statute, the City
noticed the hearing at least 20 days in advance by first-class United States mail to each person owning
property subject to the assessment. The City also noticed publication in a newspaper generally
circulated within the county contained in the boundaries of the local government on Sunday, August 4th
per the statutory requirement.
Staff is recommending approval of Resolution R-24-45.
RECOMMENDATION
City Council approval of Resolution No. R-2445 following a Public Hearing
ATTACHMENTS:
1. Resolution R-24-45 Waste Collection Non Ad -Valorem Assessment Roll.doc
2. Exhibit A - Proof of First Class Mailing and Newspaper Publication.pdf
3. Exhibit B - Boundary Map B&W July 2024.pdf
FUNDING SOURCE
N/A