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HomeMy WebLinkAboutR-00-0802J-00-728 8/31/00 C1 J RESOLUTION NO. • 00- 802 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 THE FISCAL YEAR BEGINNING OOCTOBER 1, 2000; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission enacted Ordinance No. 11807 (the "Ordinance"), which amended the Code of the City of Miami, Florida (the "Code"), by amending Chapter 22, entitled "Garbage and Other Solid Waste", which.authorizes the imposition of Solid Waste Assessments for solid waste services, facilities, and programs against Assessed Property located within the City; and WHEREAS, the imposition of a Solid Waste Assessment for solid waste services, facilities, and programs each fiscal year is an equitable and efficient method of allocating and apportioning Solid Waste Assessed Costs among parcels of Assessed Property; and WHEREAS, the City Commission desires to impose a solid waste assessment program within the City using the tax bill collection method for the Fiscal Year commencing October 1, 2000; and WHEREAS, the Miami City Commission adopted Resolution No. 00-671 on July 27, 2000, (hereinafter the "Initial Assessment T C CITY COMMISSION MEETING OF S E P 11 4 2000 Resolution NO. 02 Resolution"), containing and referencing a brief and general description of the solid waste facilities and services to be provided to Assessed Property, describing the method of apportioning the Solid Waste Assessed Cost to compute the Solid Waste Assessment for solid waste services, facilities, and programs against Assessed Property, estimating a rate of assessment, and directing the updating and preparation of the Assessment Roll, provision of published notice required by the Ordinance and Florida Statutes; and WHEREAS, pursuant to the provisions of Section 22-12 of the Code, the City is required to confirm or repeal the Preliminary Assessment Resolution, with such amendments as the City Commission deems appropriate, after hearing comments and objections of all interested parties; and WHEREAS, the updated Assessment Roll has heretofore been made available for inspection by the public, as required by the Code; and WHEREAS, notice of a public hearing has been published and mailed, as required by the terms of Section 197.3632 Florida Statutes (1999) and Section 22-12 of the Code, which provides notice to all interested persons of an opportunity to be heard; an affidavit regarding the proof of publication being attached hereto as Appendix A; and WHEREAS, a public hearing was held on September 14, 2000, and comments and objections of all interested persons have been heard and considered as required by the provisions of Section 197.3632 Florida Statutes (1999); Page 2 of 6 A— 0, NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. This Resolution is adopted pursuant to 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. This Resolution constitutes the Annual Rate Resolution. All capitalized terms in this Resolution shall have the meanings defined in Chapter 22 of the Code and the Initial Assessment Resolution (Resolution No. 99-552). Section 3. (A) The parcels of Assessed Property described in the Assessment Roll, as updated, which is hereby approved, are hereby 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 hereby 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 Page � O NO Pa e 3 of 6 special benefit, as set forth in Section 197.3632 Florida Statutes (1999) 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 Initial Assessment Resolution. (B) The method for computing Solid Waste Assessments described or referenced in the Initial Assessment Resolution is hereby approved. (C) For the Fiscal Year beginning October 1, 2000, the estimated Solid Waste Assessed Cost to be assessed is $22,388,275. 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 the Fiscal Year commencing October 1, 2000, are hereby established as follows: RESIDENTIAL Rate Per Dwelling PROPERTY USE Unit CATEGORIES Single Familyl $325.00 .The above rates of assessment are hereby 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 hereby levied and imposed on all parcels of Page 4 of 6 00` 802 Assessed Property described in such Assessment Roll for the Fiscal Year beginning October 1, 2000. (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 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. The Assessment Roll, as delivered to the Tax Collector, shall be accompanied by a Certificate to Non -Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix B. Section 4. The Initial Assessment Resolution is hereby 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. Page 5 of 6 0- E, 0 Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.'/ PASSED AND ADOPTED this 14th day of. September 2000. JOE CAROLLO, MAYOR In accordance with Warm Code Sec. 2-36, since the Mayor did not indicate approval of this tagislation by signing it in the designated pLue provided, said now tmunes effective wrr(h the lapse of ten (10j da rom the mate of Comm; t s i-zction regarding carne, without the ii7ay®r erc1 ek., _ _,go� ATTEST: WALTER J. F , CI APPROVED X6 0 Fle :GKW:BSS CLERK CORRECTNESS:/ rr t. �i 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 6 of 6 u — 802 0 APPENDIX A PROOF OF PUBLICATION • 00- 802 CITY OF MIAMI NOTICE OF PUBLIC HEARING NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF SOLID WASTE SPECIAL ASSESSMENTS Notice is hereby given that the City Commission of the City of Miami will conduct a public hearing. to consider imposing Solid Waste special assessments for the provision of Solid Waste services within the City of Miami for the fiscal year commencing October 1, 2000, and ending September 30, 2001. The hearing will be held at 5:05 p.m. on September 14, 2000, in the City Commission Chambers of City Hall, 3500 Pan American Drive, Miami, 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 City Commission within 20 days of this notice. If a person decides to appeal any decision made by the City Commissioners 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 City Clerk at (305)250-5360 at least seven days prior to the date of the hearing. The assessment for each parcel of property will be based upon each parcel's classification and the total number of billing units attributed to that parcel. The following table reflects the proposed Solid Waste assessment schedule: RESIDENTIAL RATE PROPERTY USE PER EACH CATEGORIES DWELLING UNIT Single Family $325.00 Copies of the Solid Waste Assessment Ordinance, Initial Assessment Resolution and the preliminary assessment roll are avail- able for inspection at the Office of the City Clerk of Miami, Florida, 3500 Pan American Drive, Miami, Florida. Unless proper steps are initiated in a court of competent juris- diction to secure relief within 20 days from the date of City Commission action at the above hearing (including the method of apportionment, the rate of assessment and the imposition of assess- ments), such action shall be the final adjudication of the issues pre- sented. The assessments will be collected on the same bill as ad val- orem taxes. Failure to pay the assessment will result in either the commencement of foreclosure proceedings or cause a tax certificate to be issued against the property which may result in a loss of title. If you have any questions, please contact the City of Miami at (305)416-1570, Monday through Friday between 8:30 a.m. and 4:30 p.m. G�qV OFM Fk lr3 WALTER J. FOEMAN * * CITY CLERK CITY OF MIAMI, FLORIDA o., x,04~0 (#9317) 00— 8 0 .0 She giami fferata el Nuevo Hen1d www.herald.com www.etheraid.com PUBLISHED DAILY MIAMI, FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: Jane Florea who on oath says that she is Account Representative of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida; that the advertisement for City of Miami appeared in said newspaper in the issues of: The Miami Herald, Thursday, August 24, 2000 Affiant further says that the said Miami Herald is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first pubjcatiQn of the attaghed copy of advertisement. Risb Kolyer Sworn to and subscribed This 7th day of September, 2000 1101ary p..� : state of Florida RISA KOLYER Commission #_CC742759 Expires 8 118 1 2002 1.11mom- 0 APPENDIX B FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL uno- 802 • CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL • I HEREBY 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 15, 2000. 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 , 2000. CITY OF MIAMI, FLORIDA By Carlos A. Gimenez .City Manager. �? ( tU B-1 L.Y V � 2 TO FROM ® CITY OF MIAMI, FLORIDA 39 INTER -OFFICE MEMORANDUM Honorable Mayor and Members DATE: Of the Citaommission AUG 2 9 2000 SUBJECT: Proposed Resolution: Solid Waste Assessment FY 00.01 s . Gimenez City Manager REFERENCES: ENCLOSURES: RECOMMENDATION FILE : It is respectfully recommended that the attached Resolution relating to the Solid Waste Assessment be adopted. This Resolution establishes the estimated assessment rate for solid waste assessments for the fiscal year beginning October 1, 2000; directs the preparation of an assessment roll; authorizes a public hearing and directs the provision of a notice thereof. BACKGROUND This Resolution relates to the provision of solid waste services, facilities and programs in the City. 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 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 Preliminary Rate Resolution which initiates the annual process for updating the Assessment Roll and directs the imposition of Solid Waste Assessments for the fiscal year beginning October 1, 2000. CAG/4KR/CP/FH/bIp ._ 802