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Home My WebLink AboutR-02-1026J-02-788 9/10/02 RESOLUTION NO. 02-1026 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, FLORIDA; IMPOSING SOLID WASTE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF MIAMI FOR FISCAL YEAR BEGINNING OCTOBER 1, 2002; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; AND 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. 11807, adopted June 22, 1999, which amended Chapter 22 of the Code of the City of Miami, Florida, as amended (the "Code"), the Preliminary Assessment Resolution, Sections 197.3632, 166.021 and 166.041, Florida Statutes and other applicable provisions of law. Section 2. Purpose and definitions. This Resolution constitutes the Annual Rate Resolution. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in Chapter 22 of the Code and the Initial Assessment Resolution (Resolution No. 02-826). ;TTA CIAlT (S) CTI0 CITY C D+fEETI S E P 1 1 2002 0"- 6 Section 3. Provision and funding of Solid Waste services. (A) The parcels of Assessed Property described in the Assessment Roll, as updated, which is approved, are found to be specially benefited by the provision of the solid waste services, facilities, and programs described or referenced in the Initial Assessment Resolution, in the amount of the Solid Waste Assessment set forth in the updated Assessment Roll, a copy of which was present or available for inspection at the above referenced public hearing and is incorporated herein by reference. It is ascertained, determined and declared that each parcel of Assessed Property within the City will be specially benefited by the City's provision of solid waste services, facilities, and programs in an amount not less than the Solid Waste Assessment for such parcel, computed in the manner set forth in the Initial Assessment Resolution. Adoption of this Annual Rate Resolution constitutes a legislative determination that all parcels assessed derive a special benefit, as set forth in Section 197.3632 Florida Statutes (2002) in a manner consistent with the legislative declarations, determinations and findings as set forth in the Ordinance and the Initial Assessment Resolution from the solid waste services, facilities, or programs to be provided and a legislative determination that the Solid Waste Assessments are fairly and reasonably apportioned among the properties that receive the special benefit as set forth in the Page 2 of 5 02-1026 Initial Assessment Resolution. (B) The method for computing Solid Waste Assessments described or referenced in the Initial Assessment Resolution is approved. (C) For Fiscal Year beginning October 1, 2002, the estimated Solid Waste Assessed Cost to be assessed is $22,593,675. The Solid Waste Assessments to be assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and Parcel Apportionment to generate the estimated Solid Waste Assessed Cost for Fiscal Year commencing October 1, 2002, are established as follows: RESIDENTIAL Rate Per PROPERTY USE Dwelling Unit CATEGORIES Single Family $325.00 The above rates of assessment are approved. Solid Waste Assessments for solid waste services, facilities, and programs in the amounts set forth in the updated Assessment Roll, as herein approved, are levied and imposed on all parcels of Assessed Property described in such Assessment Roll for the Fiscal Year beginning October 1, 2002. (D) Solid Waste Assessments shall constitute a lien upon the Assessed Property 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 Page 3 of 5 02-1026 lien shall be superior in dignity to all other liens, titles and claims, until paid. (E) The 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. A Certificate, as delivered to the Tax Collector, shall accompany the Assessment Roll, to Non -Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix B. Section 4. The Initial Assessment Resolution is confirmed. Section 5. The adoption of this Annual Rate Resolution shall be the final adjudication of the issues presented (including, but not limited to, the determination of special benefit and fair apportionment to the Assessed Property, the method of apportionment and assessment, the rate of assessment, the Assessment Roll and the levy and lien of the Solid Waste Assessments), 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. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.11 1� If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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. Page 4 of 5 02-10,26 PASSED AND ADOPTED this 11th day of September 2002. w MANUEL A. DIAZ, MAY ATTEST: P ISCILLA A. T OMP ON CITY CLERK APPROVES FORM AND CORRECTNESS: XbRO VILARELLO ATTORNEY W6539:GKW:BSS Page 5 of 5 02-1026 APPENDIX A PROOF OF PUBLICATION A-1 02-1026 APPENDIX B FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL 02-1026 CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL I CERTIFY that, I am the City Manager of the City of Miami, Florida (the "City"); as such I have satisfied myself that all property included or includable on the non -ad valorem assessment roll for solid waste services (the "Non -Ad Valorem Assessment Roll") for the City 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 Miami -Dade County Tax Collector on September 13, 2002. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the Miami -Dade County Tax Collector and made part of the above-described Non -Ad Valorem Assessment Roll this day of September , 2002. CITY OF MIAMI, FLORIDA By. Carlos A. Gimenez City Manager B-1 02-1026 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members Of the City Commission FROM: • Gim nez City Manager RECOMMENDATION DATE: AUG 217 202 51 SUBJECT: Proposed Resolution: ., Solid Waste Final Assessment FY '02-03 REFERENCES: ENCLOSURES: FILE: It is respectfully recommended that the attached Final Assessment Resolution, with attachments, relating to the Solid Waste Assessment be adopted. This Resolution re- imposes the Solid Waste assessments against assessed property located within the City of Miami for the fiscal year beginning October 1, 2002. It further approves the rate of assessment and assessment roll as well as provide for an effective date. BACKGROUND The preliminary rate schedule was approved pursuant to Resolution No. 02-826, adopted July 9, 2002. Upon the re -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 costs required to provide solid waste services, facilities and programs shall be funded by available City revenues other than Solid Waste Assessment proceeds. This Resolution constitutes the Final Rate Resolution for FY '02-03 as defined in Ordinance No. 11807, adopted June 22,199% which amended the process for updating the Assessment Roll and directed the re -imposition of Solid Waste Assessments on an annual basis, pursuant to Section 1937.362 and 197.3635, Florida Statutes. BUDGETARY IMPACT None. ,v Z7. 3/6 -c P ?—ZZ -0 z CAG/FKR/CP/blp 02-1026