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HomeMy WebLinkAboutR-21-0282City of Miami Legislation Resolution: R-21-0282 File Number: 9141 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/8/2021 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES, AND PROGRAMS IN THE CITY OF MIAMI ("CITY"); DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST PROPERTY LOCATED WITHIN THE CITY; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 13, 2021, WHICH IS SET BY THE CITY COMMISSION AND PUBLICLY NOTICED; DIRECTING THE PROVISION OF NOTICE THEREOF; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO DETERMINE THE APPLICABLE NUMBER OF HOUSEHOLDS FOR THE ASSESSMENT ROLL ON OR BEFORE THE LATEST POSSIBLE DATE BEFORE SUBMISSION OF SUCH REQUIRED INFORMATION TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER FOR THE ESTIMATED SOLID WASTE ASSESSMENT RATE SCHEDULE; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Authority. This Resolution is adopted pursuant to the provisions of Ordinance No. 13693 adopted July 13, 2017, which amended Chapter 22-12 of the Code of the City of Miami, Florida ("City Code"), Sections 166.021, 166.041, 197.3632, 197.3635, and 403.7049, Florida Statutes, and other applicable provisions of law. Section 2. Purpose and Definitions. This Resolution constitutes the Initial Assessment Resolution. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in Chapter 22 of the City Code. Unless the context indicates otherwise, words imparting the singular number include the plural number and vice versa. As used in this Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires: "Assessed Property" and "Assessed Properties" means those residential properties of single family and multifamily residences of three (3) units or less and those other residential units historically allowed to be assess under Section 22-16 of the City Code, all of which are located within the City and which are Residential units as defined in the City Code, which are also Dwelling Units as defined below, and that are identified to be included in the Assessment Roll pursuant to Section 22-12 of the City Code and this Initial Assessment Resolution pursuant to the Miami -Dade County Land Use Codes ("CLUC Codes") as specified in "Appendix A: County Land Use Codes" and "Appendix B: Property Use Categories," both attached and incorporated. "Commercial Property" means those properties with a code description designated as "Commercial" in the CLUC Codes as specified in "Appendix B: Property Use Categories," attached and incorporated. City of Miami Page 1 of 7 File ID: 9141 (Revision:) Printed On: 712012021 File ID: 9141 Enactment Number: R-21-0282 "Cost Apportionment" means the apportionment of the Solid Waste Assessed Cost among all "Appendix B: Property Use Categories," attached and incorporated, according to the demand percentages related to the delivery of Solid Waste service to residential Dwelling Units established pursuant to the Cost Apportionment methodology described in Section 6 of this Initial Assessment Resolution. "Dwelling Unit" means a building, or a portion thereof, available to be used for residential purposes, consisting of one (1) or more rooms arranged, designed, used, or intended to be used as living quarters for only one (1) family, or the use of land in which lots or spaces are offered for rent or lease for the placement of mobile homes, travel trailers, or the like for residential purposes. "Estimated Solid Waste Assessment Rate Schedule" means that rate schedule in "Appendix C: Estimated Solid Waste Assessment Rate Schedule," attached and incorporated, specifying the Solid Waste Assessed Costs determined in Section 8 of this Initial Assessment Resolution and the estimated Solid Waste Assessments established in Section 8 of this Initial Assessment Resolution. "Industrial/Warehouse Property" means those tax parcels with a CLUC Code description designated as "Industrial/Warehouse" in the CLUC Codes as specified in "Appendix B: Property Use Categories," attached and incorporated. "Parcel Apportionment" means the apportionment of the Solid Waste Assessed Costs for Solid Waste services among all residential properties for single family and multi -family residences of three (3) units or less on a per Dwelling Unit basis for Residential units as defined in the City Code pursuant to the Parcel Apportionment methodology described in Section 7 of this Initial Assessment Resolution. Section 3. Provision and Funding of Solid Waste Services. (A) Upon the imposition of Solid Waste Assessments for Solid Waste services, facilities, or programs against Assessed Property located within the City, the City shall provide Solid Waste services to such Assessed Property. A portion of the cost to provide such Solid Waste services, facilities, or programs shall be funded from proceeds of the Solid Waste Assessments. The remaining cost required to provide Solid Waste services, facilities, and programs shall be funded by legally available City revenues other than Solid Waste Assessment proceeds. (B) It is ascertained, determined, and declared that each parcel of Assessed Property located within the City will be benefited by the City's provision of Solid Waste services, facilities, and programs in an amount not less than the Solid Waste Assessment imposed against such parcel in the manner set forth in this Initial Assessment Resolution. Section 4. Imposition and Computation of Solid Waste Assessments. Pursuant to Section 22-2 of the City Code, the City provides Solid Waste services to single and multi -family residences of three (3) units or less and those other residential units historically allowed to be assessed under Section 22-16 of the City Code, all of which are located within the City. Solid Waste services include, but are not limited to, (A) garbage collection, conveyance, and disposal services twice a week; (B) recycling collection, conveyance, and disposal services every other week; and (C) bulky waste collection, conveyance, and disposal services on a weekly basis. Solid Waste Assessments shall be imposed against all residential parcels for single family and multi -family residences of three (3) units or less. Additionally, the City has historically imposed City of Miami Page 2 of 7 File ID: 9141 (Revision:) Printed on: 712012021 File ID: 9141 Enactment Number: R-21-0282 and continues to impose Solid Waste Assessments upon those other residential units historically allowed to be assessed under Section 22-16 of the City Code. The Director of the Department of Solid Waste, in the manner set forth in this Initial Assessment Resolution, shall compute Solid Waste Assessments for the Assessed Properties. The amount of the Solid Waste Assessment imposed upon improved residential property within the City is equal to the cost of the processing and disposal of Solid Waste generated from such residential property for the period of October 1, 2021 to September 30, 2022. The Solid Waste Assessment is imposed equally upon all Assessed Properties located within the City. No profit is included within the Solid Waste Assessment. The amount of the Solid Waste Assessment is apportioned to the Assessed Properties in an amount equal to or less than the benefit received by such residential properties which are Residential units as defined in the City Code. Section 5. Legislative Determination of Special Benefit and Fair Apportionment. It is ascertained and declared that the Solid Waste Assessed Costs provide a special benefit to each Assessed Property based upon the following legislative determinations. (A) Upon the adoption of this Initial Assessment Resolution determining the Solid Waste Assessed Costs and identifying the Assessed Properties to be included in the Assessment Roll, the legislative determinations of special benefit ascertained and declared herein are ratified, approved, adopted, confirmed, and incorporated into this Initial Assessment Resolution by reference. (B) Solid Waste services possess a logical relationship to the use and enjoyment of improved residential property by (1) protecting and enhancing the value of the improvements and structures through the provision of available Solid Waste services; (2) protecting the attractiveness, health, safety, and welfare of intended occupants in the use and enjoyment of improvements and structures within improved residential parcels; (3) better services to owners and tenants; and (4) the enhancement of environmentally responsible use and enjoyment of residential land. (C) All of the annual Department of Solid Waste budget, a portion of which may be funded from special assessment proceeds, is required to meet anticipated demand for the delivery of Solid Waste services to single family and multi -family residences of three (3) units or less and those other residential units historically allowed to be assessed under Section 22-16 of the City Code, all of which are located within the City which are Dwelling Units as defined above and which are Residential units as defined in the City Code. (D) It is fair and reasonable to use the CLUC Codes for the Cost Apportionment and the Parcel Apportionment because the Miami -Dade County Property Appraiser's ("Property Appraiser") Tax Roll ("Tax Roll") database employing the use of such property use codes is the most comprehensive, accurate, and reliable information readily available to determine the property use and Building Area for improved residential property within the City and the Tax Roll database, within which such property use codes are maintained by the Property Appraiser, allows for the development of an Assessment Roll of Assessed Properties (collectively, "Assessment Roll") with residential parcel designations compatible with those used on the Tax Roll in conformity with the requirements of the Uniform Method of Collection under Sections 197.3632 and 197.3635, Florida Statutes. (E) The data available in the CLUC Codes is useful because the CLUC Codes represent records maintained by the Property Appraiser with the most available publicly recorded information relative to a particular residential property. City of Miami Page 3 of 7 File ID: 9141 (Revision:) Printed on: 712012021 File ID: 9141 Enactment Number: R-21-0282 (F) Apportioning Solid Waste Assessed Costs among classifications of improved residential property for single family and multi -family residences of three (3) units or less and those other residential units historically allowed to be assessed under Section 22-16 of the City Code, all of which are located within the City, based upon historical demand for Solid Waste services by such residential properties is fair and reasonable and proportional to the special benefit received by such residential properties. (G) The size or the value of the residential property does not determine the scope of the required Solid Waste service. The potential demand for Solid Waste services is driven by the existence of a Dwelling Unit which is a Residential unit as defined in the City Code and the anticipated average occupant population of such Dwelling Unit. (H) Apportioning the Solid Waste Assessed Costs for Solid Waste services attributable to residential property for single family and multi -family residences of three (3) units or less and those other residential units historically allowed to be assessed under Section 22-16 of the City Code, all of which are located within the City, on a per Dwelling Unit basis is a fair and reasonable method of Parcel Apportionment based upon historical City Solid Waste service data for such residential properties which are Residential units as defined in the City Code and is required to avoid cost inefficiency and unnecessary administration. Section 6. Cost Apportionment Methodologv. (A) The City determined the cost of Solid Waste service by analyzing data from the Department of Solid Waste related to the delivery of Solid Waste services to residential Dwelling Units. The City provides garbage and trash collection to every Residential unit as defined in the City Code which is a Dwelling Unit. The City transports to and disposes the collected Solid Waste material at locations not under the control of the City. Consequently, the City pays what is commonly referred to as a "tipping fee" for said disposal. (B) The cost was garnered by determining the total cost of the Solid Waste services to the Residential units as defined in the City Code, including but not limited to, equipment, salaries, and tipping fees. Those Solid Waste costs were then apportioned on an equal basis to each of the parcels with the Residential Property Use Category on a per Dwelling Unit basis. (C) The fact that any Residential unit as defined in the City Code, which is located in the City, is occupied shall be proof that garbage, trash, or other refuse is being produced or accumulated upon such premises. However, a temporary residential vacancy, regardless of duration, shall not authorize a refund or excuse the nonpayment of the Solid Waste Assessment. (D) "'Appendix B," attached and incorporated, contains a designation of Code Descriptions by Property Use Category with the CLUC Codes. Except for Tax Parcels for those other residential units historically allowed to be assessed under Section 22-16 of the City Code, Tax Parcels with a Multi -Family Residential Property Use Category for Residential units of more than three (3) Dwelling Units, and Tax Parcels within the Single Family Residential Property Use Category designated as Cluster Home, Mobile Home, Condominium, or Cooperative shall not be assessed because the City does not provide services to them. They shall, however, have services provided by a Commercial Solid Waste Collector as provided for in the City Code. Section 7. Parcel Apportionment Methodology. City of Miami Page 4 of 7 File ID: 9141 (Revision:) Printed on: 712012021 File ID: 9141 Enactment Number: R-21-0282 (A) The apportionment among Tax Parcels of that portion of the Solid Waste Assessed Costs apportioned to each Residential Property Use Category under the Cost Apportionment shall be consistent with the Parcel Apportionment methodology described and determined in attached "Appendix D," attached and incorporated, and said Parcel Apportionment methodology is ratified, confirmed, approved, adopted, and incorporated into this Initial Assessment Resolution by reference. (B) It is acknowledged that the Parcel Apportionment methodology described and determined in "Appendix D," attached and incorporated, is to be applied in the calculation of the estimated Solid Waste Assessment rates established in Section 8 of this Initial Assessment Resolution. Section 8. Determination of Solid Waste Assessed Costs; Establishment of Initial Solid Waste Assessments. (A) The Solid Waste Assessed Costs to be assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and the Parcel Apportionment for the Fiscal Year commencing October 1, 2021 is the amount determined in the Estimated Solid Waste Assessment Rate Schedule, attached and incorporated as "Appendix C." The approval of the Estimated Solid Waste Assessment Rate Schedule by the adoption of this Initial Assessment Resolution determines the amount of the Solid Waste Assessed Costs. The remainder of such Fiscal Year budget for Solid Waste services, facilities, and programs shall be funded from available City revenues other than Solid Waste Assessment proceeds. (B) The estimated Solid Waste Assessments specified in the Estimated Solid Waste Assessment Rate Schedule, attached and incorporated as "Appendix C," are estimated at this time to fund the specified Solid Waste Assessed Costs determined to be assessed in the Fiscal Year commencing October 1, 2021. The City Manager is authorized' to finalize and establish the number of households necessary to determine the preliminary Assessment Roll and the resulting total revenue. (C) The estimated Solid Waste Assessments established in this Initial Assessment Resolution shall be the estimated assessment rates applied by the City Manager in the preparation of the preliminary Assessment Roll for the Fiscal Year commencing October 1, 2021. Section 9. Assessment Roll. (A) The City Manager is authorized' to prepare, or cause to be prepared, a preliminary Assessment Roll for the Fiscal Year commencing October 1, 2021 in the manner provided in Section 197.3632, Florida Statutes. The Assessment Roll shall include all Tax Parcels within the Residential Property Use Categories for single family and multi -family residences of three (3) units or less and those other residential units historically allowed to be assessed under Section 22-16 of the City Code, all of which are located within the City and all of which are Residential units as defined in the City Code and which are Dwelling Units as defined above. The City Manager shall apportion the estimated Solid Waste Assessed Cost to be recovered through Solid Waste Assessments in the manner set forth in this Initial Assessment Resolution. A copy of this Initial Assessment Resolution, documentation related to the ' The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 5 of 7 File ID: 9141 (Revision:) Printed on: 712012021 File ID: 9141 Enactment Number: R-21-0282 estimated amount of the Solid Waste Assessed Cost to be recovered through the imposition of Solid Waste Assessments, and the preliminary Assessment Roll shall be maintained on file in the Office of the City Clerk and open to public inspection. The foregoing shall not be construed to require that the preliminary Assessment Roll be in printed form if the amount of the Solid Waste Assessment for each parcel of property can be determined by the use of a computer terminal available to the public. (B) It is ascertained, determined, and declared that the method of determining the Solid Waste Assessments for Solid Waste services as set forth in this Initial Assessment Resolution is a fair and reasonable method of apportioning the Solid Waste Assessed Cost among parcels of Assessed Property located within the City. (C) The City Manager is authorized' to determine the applicable number of households for the Assessment Roll on or before the latest possible date before submission of such required information to the Property Appraiser for the Estimated Solid Waste Assessment Rate Schedule for the Fiscal Year commencing October 1, 2021. Section 10. Method of Collection. The Solid Waste Assessments shall be collected under the combined notice for ad valorem taxes and non -ad valorem assessments in substantially the same manner as provided in Sections 197.3632 and 197.3635, Florida Statutes. Section 11. Authorization of Public Hearing. There is established a public hearing to be held at 5:05 p.m. on September 13, 2021, which is set by the City Commission and publicly noticed, in the City Commission Chambers of City Hall, 3500 Pan American Drive, Miami, Florida, at which time the City Commission will receive and consider any comments on the Solid Waste Assessments from the public and affected property owners and consider imposing Solid Waste Assessments and collecting such assessments using the uniform method provided in Section 197.3632, Florida Statutes. Nothing shall preclude the City Commission from recessing and reconvening the public hearing at another date and time or at another site or facility to make the attendance or participation by all interested persons more comfortable, convenient, or to ensure the safety, health, and welfare of all interested persons. Section 12. Notices. The City Manager shall publish a notice of the public hearing authorized by Section 11 hereof in the manner and time provided for in Section 197.3632, Florida Statutes. The notice shall be published pursuant to Section 197.3635(4)(b), Florida Statutes, at least twenty (20) days prior to the required public hearing, in substantially the form attached and incorporated as "Appendix E." A form of the City Manager's Certificate Regarding Non -Ad Valorem Assessment Roll for Solid Waste Services is included in Appendix "F," attached and incorporated. The City Manager shall also publish on the City's website a notice of "Full Cost Accounting for Solid Waste Management" in accordance with Section 403.7049, Florida Statutes, and Florida Administrative Code Chapter 62-708. Section 13. Application of Solid Waste Assessment Proceeds. The approval of the Estimated Solid Waste Assessment Rate Schedule by the adoption of this Initial Assessment Resolution determines the amount of the Solid Waste Assessed Costs. The remainder of such Fiscal Year budget for Solid Waste services, facilities, and programs shall be funded from legally available City revenues other than Solid Waste Assessment proceeds. Proceeds derived by the City from the Solid Waste Assessments will be utilized for the provision of Solid Waste services, facilities, and programs. 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 services, facilities, and programs. City of Miami Page 6 of 7 File ID: 9141 (Revision:) Printed on: 712012021 File ID: 9141 Enactment Number: R-21-0282 Section 14. Effective Date. The provisions contained in this Initial Assessment Resolution shall take effect immediately upon its passage, adoption, and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i : nd- e��z,Ciify Nttor ey 6/2812021 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 7 of 7 File ID: 9141 (Revision:) Printed on: 712012021