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HomeMy WebLinkAbout2026-061INDIAN RIVER COUNTY, FLORIDA ANNUAL RATE RESOLUTION FOR SOLID WASTE COLLECTION SERVICES aoa$ -aG1 ADOPTED SEPTEMBER 9, 2026 Table of Contents Page SECTION 1. AUTHORITY................................................................................... SECTION 2. PURPOSE AND DEFINITIONS...................................................... SECTION 3. CONFIRMATION OF PRELIMINARY RATE RESOLUTION.......... SECTION 4. REIMPOSITION OF SOLID WASTE COLLECTION ASSESSMENTS............................................................................. SECTION 5. COLLECTION OF SOLID WASTE COLLECTION ASSESSMENTS............................................................................. SECTION 6. APPLICATION OF ASSESSMENT PROCEEDS ........................... SECTION 7. EFFECT OF ADOPTION OF RESOLUTION.................................. SECTION8. CONFLICTS................................................................................... SECTION 9. SEVERABILITY.............................................................................. SECTION 10. EFFECTIVE DATE......................................................................... 3 3 4 CI APPENDIX A: FORM OF NOTICE TO BE PUBLISHED .................................... A-1 APPENDIX B: PROOF OF PUBLICATION......................................................... B-1 APPENDIX C: FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL ............................................... C-1 RESOLUTION NO. 2026- 061 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 PRELIMINARY RATE RESOLUTION; 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, 2026; APPROVING THE SOLID WASTE ASSESSMENT ROLL; PROVIDING FOR COLLECTION; PROVIDING FOR APPLICATION OF ASSESSMENT PROCEEDS; PROVIDING FOR EFFECT; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Indian River County, Florida (the "Board"), enacted the Master Service Assessment Ordinance, as codified in Chapter 206 of the Indian River County Code of Ordinances (the "Ordinance"), to provide for the imposition of annual 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; and WHEREAS, the imposition of an annual Service Assessment for Solid Waste management and collection services, facilities, and programs for each Fiscal Year is an equitable and efficient method of allocating and apportioning the Solid Waste Cost among parcels of Residential Property; and 1 WHEREAS, the Board desires to impose an assessment program for Solid Waste management and collection services, facilities, and programs within the Indian River County Municipal Service Benefit Unit for Solid Waste Collection Services using the tax bill collection method for the Fiscal Year beginning of October 1, 2026; and WHEREAS, on June 16, 2026, the Board adopted Resolution No. 2026-002- SWDD (the "Preliminary Rate 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, designating a rate of assessment, directing the preparation of a Solid Waste Assessment Roll, authorizing a public hearing, and directing the provision of notice thereof as required by the Ordinance for the reimposition of the Solid Waste Collection Assessments; and WHEREAS, pursuant to the provisions of the Ordinance, the Board is required to confirm or repeal the Preliminary Rate Resolution, with such amendments as the Board deems appropriate, after hearing comments and objections of all interested parties; and WHEREAS, the Solid Waste Assessment Roll has heretofore been made available for inspection by the public, as required by the Ordinance; and WHEREAS, notice of a public hearing has been published and, as required by the terms of the Ordinance, mailed to each Owner of Residential Property located within the Solid Waste Collection MSBU proposed to be assessed notifying such Owners of their opportunity to be head; an affidavit regarding the notice mailed to each Owner of Residential Property located within the Solid Waste Collection MSBU being attached 2 hereto as Appendix A and the proof of publication being attached hereto as Appendix B; and WHEREAS, a public hearing was held on September 9, 2026, and comments and objections of all interested persons have been heard and considered by the terms of the Ordinance. 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); the Preliminary Rate Resolution (Resolution No. 2026-002-SWDD); Article VIII, section 1, Florida Constitution; section 125.01, Florida Statutes; and other applicable provisions of law. SECTION 2. PURPOSE AND DEFINITIONS. (A) This resolution constitutes the Annual Rate Resolution as defined in the Ordinance. (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. 3 (B) All capitalized words and terms in this Resolution not otherwise defined herein shall have the meanings set forth in the Ordinance, the Initial Assessment Resolution, the Final Assessment Resolution, and the Preliminary Rate Resolution. SECTION 3. CONFIRMATION OF PRELIMINARY RATE RESOLUTION. The Preliminary Rate Resolution is hereby ratified and confirmed. SECTION 4. REIMPOSITION 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 Preliminary Rate 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 means and is incorporated herein by reference. Additionally, the Solid Waste Assessment Roll, as approved, includes those Tax Parcels of Residential Property that cannot be set forth in that 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 this Resolution. El (C) Adoption of this Annual Rate Resolution constitutes a legislative determination that all parcels assessed derive a special benefit, as set forth in the Ordinance, the Initial Assessment Resolution, the Final Assessment Resolution, and the Preliminary Rate 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 Residential Property that receive the special benefit as set forth in the Preliminary Rate Resolution. (D) The method for computing Solid Waste Collection Assessments described in the Preliminary Rate Resolution is hereby approved. (E) For the Fiscal Year beginning October 1, 2026, the estimated Solid Waste Cost to be assessed and apportioned among specially benefited parcels of Residential Property is $9,027,345.36. The Solid Waste Cost shall be allocated among all parcels of Residential Property in the Solid Waste Collection 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 and collection services, facilities, and programs is hereby approved for the Fiscal Year beginning October 1, 2026. (F) Solid Waste Collection Assessments for Solid Waste management and collection services, facilities, and programs in the amounts set forth in the updated Solid Waste Assessment Roll, as herein approved, are hereby levied and imposed on all parcels of Residential Property included in the updated Solid Waste Assessment Roll for the Fiscal Year beginning October 1, 2026. 5 (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 Annual Assessment Resolution based upon the rates of assessment approved herein. (I) 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 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 5. COLLECTION ASSESSMENTS. OF SOLID WASTE COLLECTION 6 (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 6. 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 within the Solid Waste Collection MSBU. SECTION 7. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this Annual Rate 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 updated Assessment Roll, and the levy and lien of the Solid Waste Collection Assessments for Solid Waste management and collection services, facilities, and programs) unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within 20 days from the date of this Annual Rate Resolution. 7 SECTION 8. CONFLICTS. All resolutions or parts of resolutions in conflict with any of the provisions of this Annual Rate Resolution are hereby repealed. SECTION 9. SEVERABILITY. If any provision of this Annual 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 Annual Rate Resolution which can be given effect without the invalid provision or application and, to this end, the provisions of this Annual Rate Resolution are declared severable. SECTION 10. EFFECTIVE DATE. This Annual Rate Resolution shall take effect immediately upon its passage and adoption. LSJ 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 9th day of September, 2026. BOARD OF COUNTY COMMI1F�fil., INDIAN RIVER COUNTY, FLORA Fps:. (SEAL) By4i;io4 Deryl Loar, Chairmani;�yti9/ 1��►�5, ' E'ER COUP. BCC approved: September 9, 26'2'6 ATTEST: Ryan L. Butler, Clerk of the Circuit Court and Comptroller By: d�J Jerk Approved as to form and legal sufficiency: By: nifer huler county Attorney APPENDIX A AFFIDAVIT REGARDING NOTICE MAILED TO PROPERTY OWNERS 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 Preliminary Rate Resolution No. 2026-002-SWDD (the "Preliminary Rate Resolution") 2. In accordance with the Ordinance and Preliminary Rate 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 A-1 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. FURTHER AFFIANT SAYETH NOT. JOHN TITKANICH Affiant STATE OF FLORIDA COUNTY OF INDIAN RIVER The f�'regoing Affidavit of Mailing was sworn to and subscribed before me, by means of ✓Cf physical presence or ❑ online notarization, this day of , ka b Jo itkanich, County Administrator, Indian River County, Florid. He is onall known tom r has produced as identification and did take an Wsh&' ENNIFER `N SnULER Notary ?Laic • State of':crica h `s Commission 4 riH 477862 My Comm. Expires Jar. 12. 2028 Bonded through National Notary Assr. A-2 Pfted *me: 301a11/ -f/ W c k'tP/ �Nj'otary Public, State of Florida At Large My Commission Expires: Commission No.: APPENDIX B PROOF OF PUBLICATION B-1 USA TODAY CO* PO Box 631244 Cincinnati, OH 45263-1244 LocaliQ AFFIDAVIT OF PUBLICATION Himanshu Mehta Himanshu Mehta Ire Co Solid Waste Disposal 1325 74Th AVE SW Vero Beach FL 32968-9430 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: SCN StLucie-IndianRv-Stuart 08/06/2026 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 08/06/2026 L gal Ge Notary, State of WI, C;unty Br n ]� My commission expires Publication Cost: $577.04 Tax Amount: $0.00 Payment Cost: $577.04 Order No: 12538832 # of Copies: Customer No: 1081122 1 PO #: SWDD Collection Assessment THIS IS NOT AN INVOICE! Please do not use this form for payment remittance. KONGMF YANG Notary Public State of Wisconsin Page 1 of 2 ■ \ i t'\ICoRro II.\TFI, UU,,.., SDI%\ RIVYR cousUrr U,.. ., NOTICE OF HEARING TO REIMPOSE AND PROVIDE FOR COLLECTION OF SOLID WASTE COLLECTION ASSESSMENTS Notice Is hereby given that the Board of County Commis- sioners of Indian River County, Florida, will conduct a public hearing to consider reimposition of annual Solid Waste Col- lection Assessments for the Fiscal Year beginning October 1, 2026, against certain improved residential properties locat- ed 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 Sep- tember 9, 2026, in the Commission Chambers, Indian Riv- er 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 objec- tions 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 inter- preter 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 be- ginning October 1, 2026, shall be $183.92 per dwelling unit. Copies of the Master Service Assessment Ordinance, the Initial Assessment Resolution, the Final Assessment Reso- lution, 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 be- tween 8:30 a.m. and 5:00 p.m. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA APPENDIX C FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL I 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, 2026. 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 9 day of 2026. BOARD OF COUNTY COMM SIO INDIAN RIVERCOUNT Chairman /G9�`FR dOu : '•s Attest: Ryan L. Butler, Clerk of Circ 't Court and Comptroller By. O V v a mil/ Deputy cIek C-1