HomeMy WebLinkAbout2025-042A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
*-Aeotuion ao0i5'-Ocla
INDIAN RIVER COUNTY, FLORIDA
FINAL ASSESSMENT RESOLUTION
FOR SOLID WASTE COLLECTION SERVICES
ADOPTED SEPTEMBER 10, 2025
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
SECTION 7.
SECTION 8.
SECTION 9.
SECTION 10
TABLE OF CONTENTS
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Page
AUTHORITY................................................................................... 3
DEFINITIONS AND INTERPRETATION.........................................3
IMPOSITION OF SOLID WASTE SERVICE ASSESSMENTS....... 3
COLLECTION OF SOLID WASTE COLLECTION
ASSESSMENTS............................................................................. 6
CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION........ 6
EFFECT OF ADOPTION OF RESOLUTION .................................. 6
APPLICATION OF ASSESSMENT PROCEEDS ............................ 6
CONFLICTS.................................................................................... 7
SEVERABILITY............................................................................... 7
EFFECTIVE DATE.......................................................................... 7
APPENDIX A: AFFIDAVIT REGARDING NOTICE MAILED
TO PROPERTY OWNERS..........................................................A-1
APPENDIX B: PROOF OF PUBLICATION.........................................................B-1
APPENDIX C: FORM OF CERTIFICATE TO NON -AD VALOREM
ASSESSMENT ROLL................................................................. C-1
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RYAP! L. BUTLER, CLERK
RESOLUTION NO. 2025-o42
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
RELATING TO THE MANAGEMENT AND COLLECTION OF
SOLID WASTE IN THE INDIAN RIVER COUNTY MUNICIPAL
SERVICE BENEFIT UNIT FOR SOLID WASTE COLLECTION
SERVICES; PROVIDING AUTHORITY, DEFINITIONS AND
INTERPRETATION; IMPOSING SOLID WASTE
COLLECTION ASSESSMENTS AGAINST RESIDENTIAL
PROPERTY LOCATED WITHIN THE INDIAN RIVER
COUNTY MUNICIPAL SERVICE BENEFIT UNIT FOR SOLID
WASTE COLLECTION SERVICES FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2025; APPROVING THE
ASSESSMENT ROLL AND PROVIDING FOR COLLECTION
OF THE ASSESSMENTS; CONFIRMING THE INITIAL
ASSESSMENT RESOLUTION; PROVIDING FOR EFFECT
AND APPLICATION OF THE ASSESSMENT PROCEEDS;
PROVIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Indian River County, Florida has
enacted the Master Capital and Service Assessment Ordinance No. 2025-010, as codified
in Chapter 206 of the Indian River County Code of Ordinances (the "Ordinance"), which
authorizes the imposition of annual Service Assessments for Solid Waste management and
collection services, facilities, and programs against certain Residential Property within the
County;
WHEREAS, the imposition of a Solid Waste Collection Assessment for Solid Waste
management and collection services, facilities, and programs is an equitable and efficient
method of allocating and apportioning Solid Waste Cost among parcels of Residential
Property;
WHEREAS, the Board desires to impose an annual assessment for Solid Waste
management and collection services, facilities, and programs against Residential Property
within the Indian River County Municipal Service Benefit Unit for Solid Waste Collection
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RYAN L. BUTLER, CLERK
Services using the tax bill collection method for the Fiscal Year beginning on October 1,
2025;
WHEREAS, the Board, on July 9, 2025, adopted Resolution No. 2025-030 (the
"Initial Assessment Resolution"), containing a brief and general description of the Solid
Waste management and collection services, facilities, and programs to be provided to
Residential Property, describing the method of apportioning the Solid Waste Cost to
compute the Solid Waste Collection Assessment for Solid Waste management and
collection services, facilities, and programs against Residential Property, designating a rate
of assessment, and directing preparation of the Solid Waste Assessment Roll and provision
of the notice required by the Ordinance;
WHEREAS, pursuant to the provisions of the Ordinance, the County is required to
confirm or repeal the Initial Assessment Resolution, with such amendments as the Board
deems appropriate, after hearing comments and objections of all interested parties and
adopt a Final Assessment Resolution;
WHEREAS, the Solid Waste Assessment Roll has heretofore been made available
for inspection by the public, as required by the Ordinance;
WHEREAS, notice of a public hearing has been published and mailed to each
Owner of Residential Property proposed to be assessed notifying such Owners of their
opportunity to be heard, an affidavit regarding the form of notice mailed to each Owner of
Residential Property being attached hereto as Appendix A and the proof of publication
being attached hereto as Appendix B; and
WHEREAS, a public hearing was held on September 10, 2025, and comments and
objections of all interested persons have been heard and considered as required by the
terms of the Ordinance.
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RYAN L. BUTLER, CLERK
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. AUTHORITY. This resolution is adopted pursuant to the Ordinance;
the Initial Assessment Resolution; Article VIII, Section 1, Florida Constitution; Section
125.01, Florida Statutes; and other applicable provisions of law.
SECTION 2. DEFINITIONS AND INTERPRETATION.
(A) This resolution constitutes the Final Assessment Resolution as defined in the
Master Service Assessment Ordinance.
(B) All capitalized terms in this resolution shall have the meanings defined in the
Ordinance and the Initial Assessment Resolution.
(C) Unless the context indicates otherwise, words imparting the singular number
include the plural number, and vice versa; the terms "hereof," "hereby," "herein," "hereto,"
"hereunder" and similar terms refer to this resolution; and the term "hereafter" means after,
and the term "heretofore" means before, the effective date of this resolution. Words of any
gender include the correlative words of the other genders, unless the sense indicates
otherwise.
SECTION 3. IMPOSITION OF SOLID WASTE COLLECTION ASSESSMENTS.
(A) The parcels of Residential Property included in the Solid Waste Assessment
Roll, which is hereby approved, are hereby found to be specially benefited by the provision
of Solid Waste management and collection services, facilities, and programs described in
the Initial Assessment Resolution in the amount of the Solid Waste Collection Assessment
set forth in the Solid Waste Assessment Roll, a copy of which was present at the above
referenced public hearing by electronic media and is incorporated herein by reference.
Additionally, the Solid Waste Assessment Roll, as approved, includes those Tax Parcels of
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': AN L. BUTLER, CLERK
Residential Property within the Solid Waste Collection MSBU that cannot be set forth in that
Solid Waste Assessment Roll due to the provisions of Section 119.071(4), Florida Statutes,
concerning exempt "home addresses."
(B) It is hereby ascertained, determined and declared that each parcel of
Residential Property within the Solid Waste Collection MSBU will be benefited by the
County's provision of Solid Waste management and collection services, facilities, and
programs in an amount not less than the Solid Waste Collection Assessment for such
parcel, computed in the manner set forth in the Initial Assessment Resolution.
(C) Adoption of this Final Assessment Resolution constitutes a legislative
determination that all parcels assessed derived a special benefit, as set forth in the
Ordinance and the Initial Assessment Resolution, from the Solid Waste management and
collection services, facilities, and programs to be provided and a legislative determination
that the Solid Waste Collection Assessments are fairly and reasonably apportioned among
the Residential Properties receiving the special benefit as set forth in the Initial Assessment
Resolution.
(D) The method for computing Solid Waste Collection Assessments described in
the Initial Assessment Resolution is hereby approved.
(E) For the Fiscal Year beginning October 1, 2025, the estimated Solid Waste
Cost to be assessed and apportioned among specially benefited Residential Property
within the Solid Waste Collection MSBU is $9,266,700.00. The Solid Waste Cost shall be
allocated among all parcels of Residential Property, based upon each parcels' classification
as Residential Property and the number of Dwelling Units for such parcels. An annual rate
of assessment equal to $181.70 for each Dwelling Unit for Solid Waste management and
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RYAN L. BUTLER, CLERK
collection services, facilities, and programs is hereby approved for the Fiscal Year
beginning October 1, 2025.
(F) Solid Waste Collection Assessments for Solid Waste management and
collection services, facilities, and programs in the amounts set forth in the Solid Waste
Assessment Roll, as herein approved, are hereby levied and imposed on all parcels of
Residential Property included in the Solid Waste Assessment Roll for the Fiscal Year
beginning October 1, 2025.
(G) Any shortfall in the expected Solid Waste Collection Assessment proceeds
due to any reduction or exemption from payment of the Solid Waste Collection
Assessments required by law or authorized by the Board shall be supplemented by any
legally available funds, or combination of such funds, and shall not be paid for by proceeds
or funds derived from the Solid Waste Collection Assessments. In the event a court of
competent jurisdiction determines any exemption or reduction by the Board is improper or
otherwise adversely affects the validity of the Solid Waste Collection Assessment imposed
for this Fiscal Year, the sole and exclusive remedy shall be the imposition of a Solid Waste
Collection Assessment upon each affected Tax Parcel in the amount of the Solid Waste
Collection Assessment that would have been otherwise imposed save for such reduction or
exemption afforded to such Tax Parcel by the Board.
(H) As authorized in Section 206.23 of the Ordinance, interim Solid Waste
Collection Assessments are also levied and imposed against all Residential Property for
which a Certificate of Occupancy is issued after adoption of this Final Assessment
Resolution based upon the rates of assessment approved herein.
(1) As provided in Section 206.08 of the Ordinance, Solid Waste Collection
Assessments shall constitute a lien upon the Residential Property so assessed equal in
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RYAN L. BUTLER, CLERK
rank and dignity with the liens of all state, county, district or municipal taxes and other non -
ad valorem assessments. Except as otherwise provided by law, such lien shall be superior
in dignity to all other liens, titles and claims, until paid.
SECTION 4. COLLECTION OF SOLID WASTE COLLECTION ASSESSMENTS.
(A) The Solid Waste Collection Assessments shall be collected pursuant to the
Uniform Assessment Collection Act, as provided in Section 206.45 of the Ordinance.
(B) The Solid Waste Assessment Roll, as herein approved, together with the
correction of any errors or omissions as provided for in the Ordinance, shall be delivered to
the Tax Collector for collection using the tax bill collection method in the manner prescribed
by the Ordinance.
(C) The Solid Waste Assessment Roll, as delivered to the Tax Collector, shall be
accompanied by a Certificate to Non -Ad Valorem Solid Waste Assessment Roll in
substantially the form attached hereto as Appendix C.
SECTION 5. CONFIRMATION OF INITIAL ASSESSMENT RESOLUTION. The
Initial Assessment Resolution is hereby confirmed.
SECTION 6. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this
Final Assessment Resolution shall be the final adjudication of the issues presented herein
(including, but not limited to, the method of apportionment, the rate of assessment, the
Solid Waste Assessment Roll and the levy and lien of the Solid Waste Collection
Assessments) unless proper steps shall be initiated in a court of competent jurisdiction to
secure relief within 20 days from the date of this Final Assessment Resolution.
SECTION 7. APPLICATION OF ASSESSMENT PROCEEDS. Proceeds derived by
the County from Solid Waste Collection Assessments shall be used for the provision of
Solid Waste management and collection services, facilities, and programs provided to
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WN L. BUTLER, CLERK
Residential Property within the Solid Waste Collection MSBU. In the event there is any
fund balance remaining at the end of the Fiscal Year, such balance shall be carried forward
and used only to fund solid waste management and collection services, facilities, and
programs.
SECTION 8. CONFLICTS. All resolutions or parts of resolutions in conflict with any
of the provisions of this Final Assessment Resolution are hereby repealed.
SECTION 9. SEVERABILITY. If any clause, section or other part of this resolution
shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part shall be considered as eliminated and in no way affecting the
validity of the other provisions of this resolution.
SECTION 10. EFFECTIVE DATE. This resolution shall take effect immediately
upon adoption.
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:;YAN L. BUTLER, CLERK
The resolution was moved for adoption by Commissioner Susan Adams , and
the motion was seconded by Commissioner Joseph E. Flescher , and, upon being put
to a vote, the vote was as follows:
Chairman Joseph E. Flescher
AYE
Vice Chairman Deryl Loar
AYE
Commissioner Susan Adams
AYE
Commissioner Joe Earman
AYE
Commissioner Laura Moss
NAY
The Chairman thereupon declared the resolution duly passed and adopted this 10th day of
September, 2025.
(SEAL)
BOARD OF COUNTY COMMISSIOI,••..sio, •.
INDIAN RIVER COUNTY, FLORI[�1; ✓F9s;.
By:
Jo ph E. Flescher, Chairm '... o
p
B C approved:
September 10 2025'.............
ATTEST: Ryan L. Butler, Clerk of the Circuit Court and Comptroller
B iu. �! •
Clerk
Approved as to form
and legal sufficiency:
By:
W
ennif Shuler
County Attorney
W
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CF_RTlFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
APPENDIX A
AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS
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RYAN L. BUTLER, CLERK
AFFIDAVIT OF MAILING
BEFORE ME, the undersigned authority, personally appeared John Titkanich, who,
after being duly sworn, deposes and says:
1. John Titkanich, as County Administrator of Indian River County, Florida,
("County"), pursuant to the authority and direction received from the Board of County
Commissioners, timely directed the preparation of the Solid Waste Assessment Roll and
the preparation, mailing, and publication of notices in accordance with Section 206.19 of
the Indian River County Code of Ordinances (the "Ordinance"), and in conformance with
the Initial Assessment Resolution No. 2025-030 (the "Initial Assessment Resolution").
2. In accordance with the Ordinance and Initial Assessment Resolution, Mr.
Titkanich timely provided all necessary information for notification of the Solid Waste
Collection Assessment to the Property Appraiser of Indian River County to be included as
part of the notice of proposed property taxes under section 200.069, Florida Statutes, the
truth-in-millage notification. The information provided to the Property Appraiser to be
included on the truth-in-millage notification included the following: the purpose of the
assessment; the total amount proposed to be levied against each parcel; the unit of
measurement to be applied against each parcel to determine the assessment; the number
of such units contained within each parcel; the total revenue the County expects to collect
by the assessment; a statement that failure to pay the assessment will cause a tax
certificate to be issued against the property which may result in a loss of title; a statement
that all affected property owners have a right to appear at the hearing and to file written
objections with the local governing board within 20 days of the notice; and the date, time,
and place of the hearing.
A-1
FURTHER AFFIANT SAYETH NOT.
HN TI KANICH
Affiant
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
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RYA,) L. BUTLER, CLERK
The foregoing Affidavit of Mailing was sworn to and subscribed before me, by means
of ® physical presence or ❑ online notarization, this 12th day of Ste, 2025 by
John Titkanich, County Administrator, Indian River County, Florida. He is personally known
to me or has produced as identification and did take an oath.
KIMBERLY K. MOIRW
�. MY COMMISSION ri HH 368125
+, P EXPIRES: Ap619, 2027
h'-� 010 "--A r,4
Printed Name:1y K. 1biram
Notary Public, State of Florida
At Large
My Commission Expires: Axil 9, 2027
Commission No.: IF 368125
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CERTIFICATION ON LAST PAGE
qY N BUTLER, CLERK
APPENDIX B
PROOF OF PUBLICATION
TRU
COPY
Appendix itBi1 ±'{ RTIEICATION ON LAST PAGE
N L. BUTLER, CLERK
LocaliQ
Florida PO Box 631244 Cincinnati, OH 45263-1244
GANNETT
AFFIDAVIT OF PUBLICATION RECEIVED
Christina Moore
Indian River County Attorneys OtTice
1801 27Th ST
Veru Beach FL 32960-3388
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 ,
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:
08/20/2025
Affiant further says that the website or newspaper complies
with all legal requirements for publication in chapter 50,
Florida Statutes.
Subscribed and sworn to before me, by the legal clerk, who
is personally known to me, on 08/20/2025
Legal Cler
Notary, State of W1, County of Brown
Nay commission expires
Publication Cost: $472.40
Tax Amount:
$0.00
Payment Cost:
$472.40
Order No:
11591395 # of Copies:
Customer No:
1125303 1
PO 4:
THIS IS NOT Atli INVOICE!
Please do not u5v this jorrn for pai-mew reniiiiance.
KAITLYN FELT;'
Notary Publ�C
State of Wisconsin
Paye 1 of 2
MAP AND LEGAL DESCRIPTION OF THE BOUNDARIES OF
UNICORPORATED INDIAN RIVER COUNTY
Vii
�q
UNINCORPORATED
S; 114D1AN RIVER COUNTY
NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR
COLLECTION OF SOLID WASTE COLLECTION ASSESSMENTS
Notice is hereby given that the Board of County
Commissioners of Indian River County, Florida will conduct
a public hearing to consider imposing solid waste non -ad
valorem special assessments against improved residential
properties located within the unincorporated area of the County
for the Fiscal Year beginning October 1, 2025, to fund the cost
of Solid Waste management and collection services, facilities,
and programs provided to such properties and to authorize
collection of such assessments on the tax bill.
The public hearing will be held at 5:01 p.m. on September
10, 2025, in the Commission Chambers, Indian River County
Administration Complex, 1801 27th Street, Vero Beach, Florida,
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
Board within 20 days of this notice. If a person decides to appeal
any decision made by the Board with respect to any matter
considered at the hearing, such person will need a record of
the proceedings and may need to ensure that a verbatim record
is made, including the testimony and evidence upon which the
appeal is to be made. In accordance with the Americans with
Disabilities Act, persons needing a special accommodation or
an interpreter to participate in this proceeding should contact
the County at (772) 226-1223 at least two (2) business days
prior to the date of the hearing.
The assessments will be computed by applying the rate
of assessment to each dwelling unit located on a parcel of
improved residential property in the unincorporated area of the
County. The rate of assessment for the fiscal year beginning
October 1, 2025, shall be $181.70 per dwelling unit. Copies
of the Master Service Assessment Ordinance (Ordinance No.
2025-010), the Initial Assessment Resolution (Resolution No.
2025-030), and the Assessment Roll, showing the amount of
the assessment to be imposed against each parcel of property
are available for inspection at the County Administration Office,
located at 1801 27th Street, Vero Beach, Florida, between the
hours of 8:30 a.m. and 5:00 p.m., Monday through Friday.
The assessments will be collected on the ad valorem tax
bill to be mailed in November 2025, as authorized by section
197.3632, Florida Statutes. f=ailure to pay the assessments will
cause a tax certificate to be issued against the property which
may result in a loss of title. Unless proper steps are initiated in
a court of competent jurisdiction to secure relief within 20 days
from the date of Board of County Commissioners' action at the
above hearing (including the method of apportionment, the rate
of assessment and the imposition of assessments), such action
shall be the final adjudication of the issues presented.
If you have any questions, please contact the Solid Waste
Department at (772),226-3212 Monday through Friday between
8:00 a.m. and 5:00 p.m.
BOARD OF COUNTY COMMISSIONERS
,,42418,,.5 INDIAN RIVER COUNTY, FLORIDA
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RYAN L. BUTLER, CLERK
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RYAN L. BUTLER, CLERK
APPENDIX C
FORM OF CERTIFICATE TO
NON -AD VALOREM ASSESSMENT ROLL
SLATE CF 'AOR DA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS ISA TRUE AND CORRECT
COPY OF THE ORIGINAL ON FILE IN THIS OFFICE.
RYAN L. BUTLER, CLERK
BY D.C.
CERTIFICATE DATE C) ►a TO
NON -AD VALOREM ASSESSMENT ROLL
HEREBY CERTIFY that I am the Chairman of the Board of County Commissioners
or authorized agent of Indian River County, Florida, (the "County"); as such I have a
satisfied myself that all property included or includable on the Indian River County
Municipal Service Benefit Unit for Solid Waste Collection Services non -ad valorem
assessment roll (the "Non -Ad Valorem Assessment Roll") for the County is properly
assessed so far as I have been able to ascertain; and that all required extensions on the
above described roll to show the non -ad valorem assessments attributable to the property
listed therein have been made pursuant to law.
I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection
Act, this certificate and the herein described Non -Ad Valorem Assessment Roll will be
delivered to the Indian River County Tax Collector by September 15, 2025.
IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to
be delivered to the Indian River County Tax Collector and made part of the above-
described Non -Ad Valorem Assessment Roll this 11th day of Septerber , 2025.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA ,:J����• " 5s!o;�.,
By eL
,,7h4gnan �.' '.161 _l�,j` r•`�\��ti
Attest: Ryan L. Butler, Clerk of
Circuit Court and Comptroller
al
N
[to be delivered to Tax Collector prior to September 15]
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