HomeMy WebLinkAbout2026-002-SWDDINDIAN RIVER COUNTY, FLORIDA
PRELIMINARY RATE RESOLUTION
FOR SOLID WASTE COLLECTION SERVICES
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ADOPTED JUNE 16, 2026
Table of Contents
Page
SECTION1.
AUTHORITY...................................................................................2
SECTION 2.
PURPOSE AND DEFINITIONS......................................................3
SECTION 3.
CONFIRMATION OF INDIAN RIVER COUNTY MUNICIPAL
SERVICE BENEFIT UNIT FOR SOLID WASTE COLLECTION
SERVICES......................................................................................
3
SECTION 4.
PROVISION AND FUNDING OF SOLID WASTE COLLECTION
SERVICES......................................................................................
3
SECTION 5.
LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND
FAIR APPORTIONMENT................................................................4
SECTION 6.
DETERMINATION OF SOLID WASTE COST; ESTABLISHMENT
OF SOLID WASTE COLLECTION ASSESSMENTS ......................4
SECTION 7.
AUTHORIZATION OF PUBLIC HEARING......................................5
SECTION 8.
NOTICE BY PUBLICATION............................................................6
SECTION 9.
NOTICE BY MAIL...........................................................................6
SECTION 10.
METHOD OF COLLECTION...........................................................6
SECTION 11.
APPLICATION OF ASSESSMENT PROCEEDS ............................
6
SECTION12.
CONFLICTS....................................................................................7
SECTION 13.
SEVERABILITY...............................................................................7
SECTION 14.
EFFECTIVE DATE..........................................................................
7
APPENDIX A:
FORM OF NOTICE TO BE PUBLISHED.....................................A-1
RESOLUTION NO. 2026- 002-SWDD
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 CONSISTING
OF THE ENTIRE UNINCORPORATED AREA OF THE
COUNTY; PROVIDING AUTHORITY, PURPOSE AND
DEFINITIONS; CONFIRMING THE INDIAN RIVER
COUNTY MUNICIPAL SERVICE BENEFIT UNIT FOR
SOLID WASTE COLLECTION SERVICES; PROVIDING
FOR THE PROVISION AND FUNDING OF SOLID WASTE
COLLECTION SERVICES; PROVIDING CERTAIN
LEGISLATIVE FINDINGS; DETERMINING THE SOLID
WASTE COST AND ESTABLISHING SOLID WASTE
COLLECTION ASSESSMENTS FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2026; DIRECTING THE
PREPARATION OF AN SOLID WASTE ASSESSMENT
ROLL; AUTHORIZING A PUBLIC HEARING AND
DIRECTING THE PROVISION OF NOTICE THEREOF;
PROVIDING THE METHOD OF COLLECTION;
DIRECTING THE APPLICATION OF ASSESSMENT
PROCEEDS; PROVIDING FOR CONFLICTS,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Indian River County, Florida
(the "Board"), has enacted the Master Service Assessment Ordinance, as codified in
Chapter 206 of the Indian River County Code of Ordinances (the "Ordinance"), which
authorizes the annual imposition of Service Assessments for Solid Waste management
and collection services, facilities, and programs against certain Residential Property
within the Indian River County Municipal Service Benefit Unit for Solid Waste Collection
Services;
WHEREAS, the imposition of an annual Service Assessment for Solid Waste
management and collection services, facilities, and programs for each Fiscal Year is an
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equitable and efficient method of allocating and apportioning the Solid Waste Cost
among parcels of Residential Property; and
WHEREAS, pursuant to the Ordinance, the reimposition of Solid Waste
Collection Assessments for the Fiscal Year beginning of October 1, 2026, requires
certain processes such as the preparation of the Solid Waste Assessment Roll; and
WHEREAS, annually a Preliminary Rate Resolution describing the method of
assessing the Solid Waste Cost against Residential Property located within the Solid
Waste Collection MSBU, directing the preparation of a Solid Waste Assessment Roll,
authorizing a public hearing and directing the provision of notice thereof is required by
the Ordinance for the reimposition of the Solid Waste Collection Assessments; and
WHEREAS, the Board deems it to be in the best interest of the citizens and
residents of the Solid Waste Collection MSBU to adopt this Preliminary Rate Resolution
for the Solid Waste Collection MSBU.
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 provisions
of the Master Service Assessment Ordinance, as codified in Chapter 206 of the Indian
River County Code of Ordinances (the "Ordinance"); the Initial Assessment Resolution
(Resolution No. 2025-030); the Final Assessment Resolution (Resolution No. 2025-
042); Article VIII, section 1, Florida Constitution; section 125.01, Florida Statutes; and
other applicable provisions of law.
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SECTION 2. PURPOSE AND DEFINITIONS.
(A) This resolution constitutes the Preliminary Rate Resolution as defined in
the Ordinance which initiates the annual process for updating the Solid Waste
Assessment Roll and directs the reimposition of Solid Waste Collection Assessments
for the Fiscal Year beginning October 1, 2026.
(B) 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. Words imparting the singular number, include the
plural number, and vice versa.
(B) All capitalized words and terms not otherwise defined herein shall have
the meanings set forth in the Ordinance, the Initial Assessment Resolution, and the
Final Assessment Resolution.
SECTION 3. CONFIRMATION OF INDIAN RIVER COUNTY MUNICIPAL
SERVICE BENEFIT UNIT FOR SOLID WASTE COLLECTION SERVICES. The
Indian River County Municipal Service Benefit Unit For Solid Waste Collection Services,
as established in Section 3 of the Initial Assessment Resolution, is hereby
acknowledged and confirmed to include the entire unincorporated area of the County.
SECTION 4. PROVISION AND FUNDING OF SOLID WASTE COLLECTION
SERVICES.
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(A) Upon the imposition of Solid Waste Collection Assessments for Solid
Waste management and collection services, facilities, and programs against Residential
Property located within the Solid Waste Collection MSBU, the County shall provide or
direct the provision of Solid Waste management and collection services, facilities, and
programs to such Residential Property.
(B) It is hereby ascertained, determined, and declared that each parcel of
Residential Property located 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
imposed against such parcel, computed in the manner set forth in this Preliminary Rate
Resolution.
SECTION 5. LEGISLATIVE DETERMINATIONS OF SPECIAL BENEFIT AND
FAIR APPORTIONMENT. The legislative determinations of special benefit and fair
apportionment embodied in the Ordinance, the Initial Assessment Resolution, and the
Final Assessment Resolution are affirmed and incorporated herein by reference.
SECTION 6. DETERMINATION OF SOLID WASTE COST; ESTABLISHMENT
OF SOLID WASTE COLLECTION ASSESSMENTS.
(A) The Solid Waste Cost for the Fiscal Year beginning October 1, 2026, is
estimated to be $9,027,345.36. The Solid Waste Cost shall be allocated among all
parcels of Residential Property in the MSBU based upon each parcels' classification as
Residential Property and the number of Dwelling Units for such parcels. An annual rate
of assessment equal to $183.92 for each Dwelling Unit for Solid Waste management
Ell
and collection services, facilities, and programs is hereby approved for the Fiscal Year
beginning October 1, 2026, for purposes of this Preliminary Rate Resolution.
(B) The County Administrator is hereby directed to prepare, or cause to be
prepared, an updated Solid Waste Assessment Roll for the Fiscal Year beginning
October 1, 2026, in the manner provided in Section 206.17 of the Ordinance. The Solid
Waste Assessment Roll shall include all Tax Parcels of Residential Property within the
Solid Waste Collection MSBU. The County Administrator shall apportion the estimated
Solid Waste Cost to be recovered through Solid Waste Collection Assessments in the
manner set forth in this Preliminary Rate Resolution.
(C) A copy of this Preliminary Rate Resolution, the Ordinance, the Initial
Assessment Resolution, the Final Assessment Resolution, and the updated Solid Waste
Assessment Roll shall be maintained on file in the office of the County Administrator
and open to public inspection. The foregoing shall not be construed to require that the
updated Solid Waste Assessment Roll be in printed form if the amount of the Solid
Waste Collection Assessment for each Tax Parcel of Residential Property can be
determined by use of a computer terminal available to the public.
(D) It is hereby ascertained, determined, and declared that the foregoing
method of determining the Solid Waste Collection Assessments for Solid Waste
management and collection services, facilities, and programs is a fair and reasonable
method of apportioning the Solid Waste Cost among Tax Parcels of Residential
Property.
SECTION 7. AUTHORIZATION OF PUBLIC HEARING. There is hereby
established a public hearing to be held at 5:01 p.m. on September 9, 2026, in the
5
Commission Chambers, Indian River County Administration Complex, 1801 27th Street,
Vero Beach, Florida, to consider reimposition of the Solid Waste Collection
Assessments, approval of the Solid Waste Assessment Roll, and collection of the Solid
Waste Collection Assessments pursuant to the Uniform Assessment Collection Act.
SECTION 8. NOTICE BY PUBLICATION. The County Administrator shall
publish a notice of the public hearing authorized in Section 7 of this Preliminary Rate
Resolution, in the manner and time required in Section 206.18 of the Ordinance. The
notice shall be published not later than August 19, 2026, in substantially the form
attached hereto as Appendix A.
SECTION 9. NOTICE BY MAIL. Pursuant to section 200.069(10)(a), Florida
Statutes, and with agreement of the Property Appraiser, the Board elects to combine
notice of the public hearing authorized by Section 7 hereof with the truth-in-millage
notification required pursuant to section 200.069, Florida Statutes. Such mailed notice
shall be in the form required by section 200.069(10)(a), Florida Statutes, and consistent
with the Uniform Assessment Collection Act and the Ordinance for the purpose of
imposing Solid Waste Collection Assessments for the Fiscal Year beginning October 1,
2026. All first class mailed notices must be mailed no later than August 19, 2026.
SECTION 10. METHOD OF COLLECTION. The Solid Waste Collection
Assessments shall be collected and enforced pursuant to the Uniform Assessment
Collection Act as provided in Section 206.45 of the Ordinance for the Fiscal Year
beginning October 1, 2026.
SECTION 11. 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 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 12. CONFLICTS. All resolutions or parts of resolutions in conflict with
any of the provisions of this Preliminary Rate Resolution are hereby repealed.
SECTION 13. SEVERABILITY. If any provision of this Preliminary Rate
Resolution or the application thereof to any person or circumstance is held invalid, it
is the intent of the Board that such invalidity shall not affect other provisions or
applications of the Preliminary Rate Resolution which can be given effect without the
invalid provision or application and, to this end, the provisions of this Preliminary Rate
Resolution are declared severable.
SECTION 14. EFFECTIVE DATE. This Preliminary Rate Resolution shall take
effect immediately upon its passage and adoption.
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The resolution was moved for adoption by Commissioner
Joseph E. Flescher , and the motion was seconded by Commissioner
Deryl Loar , and, upon being put to a vote, the vote was as follows:
Chairman Deryl Loar AYE
Vice -Chairman Laura Moss NAY
Commissioner Susan Adams AYE
Commissioner Joe Earman AYE
Commissioner Joseph E. Flescher AYE
The Chairman thereupon declared the resolution duly passed and adopted this 16th day
of June, 2026.
BOARD OF COUNTY COMW, ..
INDIAN RIVER COUNTY,
b DA �s
(SEAL)
By. Deryl Loar, Chairma*�•
R�vER COUN��''
BCC approved. June 16, 2026........ wr
ATTEST: Ryan L. Butler, Clerk of the Circuit Court and Comptroller
F/ffy��1
Approved as to form
and legal sufficiency:
B . cSluu.�/
Jennif, r Shuler
County Attorney
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APPENDIX A
FORM OF NOTICE TO BE PUBLISHED
APPENDIX A
FORM OF NOTICE TO BE PUBLISHED
To Be Published by August 19, 2026
[INSERT MAP OF INDIAN RIVER COUNTY MSBU]
NOTICE OF HEARING TO REIMPOSE 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 reimposition of annual Solid
Waste Collection Assessments for the Fiscal Year beginning October 1, 2026, against
certain improved residential properties located within the Indian River County Municipal
Service Benefit Unit for Solid Waste Collection Services, which includes the entire
unincorporated area of the County, to fund the cost of Solid Waste management and
collection services, facilities, and programs provided to such properties.
The public hearing will be held at 5:01 p.m. on September 9, 2026, 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
special non -ad valorem assessments and their collection on the tax bill. 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.
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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,
2026, shall be $183.92 per dwelling unit. Copies of the Master Service Assessment
Ordinance, the Initial Assessment Resolution, the Final Assessment Resolution, the
Preliminary Rate Resolution, and the Solid Waste 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 2026, 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. Unless proper steps are initiated in a court of competent
jurisdiction to secure relief within 20 days from the date of Board's 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 County Administrator at (772) 226-
1408, Monday through Friday between 8:30 a.m. and 5:00 p.m.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
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