HomeMy WebLinkAboutAgenda Item Summary Form1TY OF
Hw AGENDA ITEM SUMMARY FORM
File ID: #13921
Date: 04/26/2023 Requesting Department: Office of
Management and Budget
Commission Meeting Date: 06/22/2023 Sponsored By:
Type:
Subject:
District Impacted: All
Resolution
Solid Waste Assessment FY '23-'24
Purpose of Item:
It is respectfully recommended that the attached Solid Waste Assessment Resolution,
with amendments relating to the Solid Waste Assessment be adopted. This action re-
imposes the Solid Waste Assessment against assessed residential property located
within the City of Miami for FY 2023-24 beginning October 1, 2023. The proposed
resolution further approves the rate of assessment and assessment roll, as well as sets
a date for the public hearing, and provides for an effective date.
Background of Item:
Upon the imposition of Solid Waste Assessments for City solid waste services, facilities,
or programs against assessed property located within the City, the City shall provide
solid waste services to such assessed residential 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, if required, to provide solid
waste services, facilities, and programs, shall be funded by other City revenues. This
resolution further provides definitions for terms used in Solid Waste Assessments
legislation and determines a public hearing date with provision of notice.
The Resolution constitutes the Preliminary Rate Resolution for the fiscal year
commencing October 1, 2023, as defined in Ordinance No. 13693 adopted July 13,
2017, which initiated the process for updating the Assessment Roll and directed the re-
imposition of Solid Waste Assessments on an annual basis, pursuant to Section
197.3632 and 197.3635, Florida Statutes.
Budget Impact Analysis
Item is Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
$24,510,000
04001.213000.443400.0000.00000
Reviewed By
Office of Management and Budget Marie Gouin
City Manager's Office
Larry M. Spring
Legislative Division
Valentin J Alvarez
City Manager's Office
Arthur Noriega V
Office of the City Attorney
Xavier Alban
Office of the City Attorney
Victoria M6ndez
City Commission
Maricarmen Lopez
Office of the Mayor
Mayor's Office
Office of the City Clerk
City Clerk's Office
Office of the City Clerk
City Clerk's Office
Department Head Review
Completed
Assistant City Manager Review
Completed
Legislative Division Review
Completed
City Manager Review
Completed
ACA Review
Completed
Approved Form and Correctness
Completed
Meeting
Completed
Unsigned by the Mayor
Completed
Signed and Attested by the City Clerk
Completed
Rendered
Completed
06/09/2023 2:14 PM
06/12/2023 2:53 PM
06/12/2023 3:39 PM
06/12/2023 4:47 PM
06/12/2023 4:48 PM
06/12/2023 6:26 PM
06/22/2023 9:00 AM
06/30/2023 5:15 PM
06/30/2023 5:20 PM
07/03/2023 11:25 AM
of
.�f City of Miami CityHall
* iM°nr °°°TE° *
11 °° Legislation 3500 Pan American Drive
g Miami, FL 33133
Resolution www.miamigov.com
Enactment Number: R-23-0277
File Number: 13921 Final Action Date:6/22/2023
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 ("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 09, 2023, WHICH IS (A) SET
BY THE CITY COMMISSION AND (B) PUBLICLY NOTICED, AND 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; 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. 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 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" mean(s) (a) those residential
properties of single family and multifamily residences of three units or less, and (b)
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 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 attached
and incorporated Appendix "B" Property Use Categories.
"Commercial Property" means those properties with a code description
designated as "Commercial" in the "CLUC Codes" as specified in attached and
incorporated Appendix "B" Property Use Categories.
"Cost Apportionment" means the apportionment of the Solid Waste Assessed
Cost among all Appendix "B" Property Use Categories 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 (1) a Building, or a portion thereof, available to be used for
residential purposes, consisting of one or more rooms arranged, designed, used, or
intended to be used as living quarters for one family only, or (2) 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
attached and incorporated as Appendix "C" Estimated Solid Waste Assessment Rate
Schedule which is incorporated herein by reference, 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
attached and incorporated Appendix "B" Property Use Categories.
"Parcel Apportionment" means the apportionment of the Solid Waste Assessed
Costs for Solid Waste services among all residential property for single family and multi-
family residences of three units or less on a per Dwelling Unit basis for Residential
unit(s) 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 (a)
single and multi -family residences of three units or less, and (b) 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 units or less. Additionally, the City has historically imposed
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, 2023, to
September 30, 2024. 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 unit(s) 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 (a) single family and multi -family
residences of three units or less, and (b) 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 unit(s) 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: (1) the Miami -Dade County
Property Appraiser's 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 (2) the Tax Roll database, within which such property use
codes are maintained by the Miami -Dade County Property Appraiser ("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.
(F) Apportioning Solid Waste Assessed Costs among classifications of
improved residential property for (a) single family and multi -family residences of three
units or less, and (b) 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 (a) single family and multi -family residences of
three units or less, and (b) 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 (a) is a fair and reasonable method of Parcel
Apportionment based upon historical City Solid Waste service data for such residential
properties which are Residential unit(s) as defined in the City Code and (b) is required
to avoid cost inefficiency and unnecessary administration.
Section 6. Cost Apportionment methodology.
(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 service 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
service 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 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
service to them. They shall, however, have service provided by a Commercial Solid
Waste Collector as provided for in the City Code.
Section 7. Parcel Apportionment methodology.
(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 and incorporated Appendix "D," which 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 attached and incorporated Appendix "D," 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, 2023, 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, 2023. The City Manager is
authorized' and directed as set forth below in Section 9 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, 2023, as provided in Section 9 of this Initial Assessment
Resolution.
Section 9. Assessment Roll.
(A) The City Manager is authorized' and directed to prepare, or cause to be
prepared, a preliminary Assessment Roll for the Fiscal Year commencing October 1,
2023, 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 (a)
single family and multi -family residences of three units or less, and (b) 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 unit(s) 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
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' and directed 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, 2023.
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.
The herein authorization is further subject to compliance with all legal regulations that may be imposed,
including but not limited to those prescribed by applicable City Charter and City Code provisions.
Section 11. Authorization of public hearing. There is established a public
hearing to be held at 10.00 a.m. on September 09, 2023, which is (a) set by the City
Commission and (b) 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 or
convenient.
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 20 days prior to the required public hearing, in
substantially the form attached and incorporated as Appendix "E." The City Manager
shall also publish 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. 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.
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.
Section 14. Effective Date. The provisions contained in this Initial Assessment
Resolution shall take effect immediately upon its passage and adoption.
Section 15. This Resolution shall become effective immediately upon its
adoption and signature of the Mayor.2
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.
APPROVED AS TO FORM AND CORRECTNESS:
Vf t6ria-Vrd6z, City Attor iey 6/1212023