HomeMy WebLinkAboutR-99-0684J-99-744
8/26/99
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RESOLUTION NO. 0 J " �' 0 14
A RESOLUTION, 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 PARTIAL FISCAL YEAR
BEGINNING JANUARY 1, 1999, 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, since the previous Solid Waste Assessment billed to
the property owner covered the period from January 1, 1998,
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through December 31, 1999, and the tax bill collection method
requires that the assessment be imposed to coincide with the
City's fiscal year which runs from October. 1 through September, a
partial year assessment is necessary; and
WHEREAS, the City Commission desires to impose a solid waste
assessment program within the City using the tax bill collection
method for the partial Fiscal Year commencing January 1, 1999;
and
WHEREAS, the Miami City Commission adopted Resolution
No. 99-552 on June 22, 1999, (hereinafter the "Initial Assessment
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
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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 (1997) and 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, 1999,
and comments and objections of all interested persons have been
heard and considered as required by the provisions of
Section 197.3632 Florida Statutes (1997);
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 iiCode"), the Preliminary Assessment Resolution, Sections
197.3632, 166.021 and 166.041, Florida Statutes and other
applicable provisions of law.
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Section 2. Definitions and Interpretation. 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. Imposition of Solid Waste Assessments.
(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 special benefit, as set forth
in Section 197.3632 Florida Statutes (1997) 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
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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 partial Fiscal Year beginning January 1, 1999,
the estimated Solid Waste Assessed Cost to be assessed is
$10,524,526. 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 partial Fiscal Year commencing
January 1, 1999, are hereby established as follows:
RESIDENTIAL Rate Per Dwelling
PROPERTY USE Unit
CATEGORIES
Single Family $216.00
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
Assessed Property described in such Assessment Roll for the
partial Fiscal Year beginning January 1, 1999.
(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. Confirmation of Initial Assessment
Resolution. The Initial Assessment Resolution is hereby
confirmed.
Section 5. Effect of Adoption of Resolution. 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.
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Section 6. Effective Date. This Resolution shall. become
effective immediately upon its adoption and signature of the
Mayor. 1i
PASSED AND ADOPTED this 21st day of _September , 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not Indicate approwil of
this legislation by signing it in the designated p!ace provided, s! !rd Ie,• 3W
becomes effective with the elapse of ton (10) dw:3 f t ;
regarding same, without the Mayor ex cising ,
ATTEST:
Walto J. F_qP(ha-nrbIty Clerk
WALTER J. FO CIT'jo CLERK
APPROVED S F AND ORRECTNESS:tj
A V ELLO
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�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.
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APPENDIX A
PROOF OF PUBLICATION
APPENDIX B
FORM OF CERTIFICATE TO
NON -AD vALOREM ASSESSMENT ROLL
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,
1999.
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 St_ day of
September 1 1999.
CITY OF MIAMI, FLORIDA
By:
Donald H. Warshaw
City Manager
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
FROM: � i�.
Donald H. Warshaw
City Manager
Recommendation
55
DATE: September 2, 1999 FILE :
SUBJECT:
Proposed Resolution:
Solid Waste Assessment
REFERENCES -
ENCLOSURES:
It is respectfully recommended that the attached Final Assessment Resolution
relating to the Solid Waste Assessment be adopted. The Resolution describes the
method of assessing Solid Waste assessed costs against assessed property, sets the
rate of the assessment, and directs the preparation of the assessment roll.
Background
The City Commission enacted Ordinance No. 11807, which amended the Code
of the City of Miami, Florida, 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.
Since the previous Solid Waste Assessment billed to the property owner covered
the period from January 1, 1998, through December 31, 1999, and the tax bill collection
method requires that the assessment be imposed to coincide with the City's fiscal year
which runs from October 1 through September 30, a partial year assessment is
necessary.
The adoption of this Final Assessment 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 and the assessment roll.
c: Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
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