HomeMy WebLinkAboutR-09-0432Vop City of Miami
Legislation
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Resolution: R-09-0432
File Number: 09-00923a
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/24/2009
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
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 OCTOBER 1, 2009 AT THE SAME
RATE APPROVED FOR FISCAL YEAR 2008-2009; CERTIFYING 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 (the "Ordinance"), 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).
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 the updated Assessment Roll
is attached hereto as Appendix A and 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 (2009) 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 Assessment is 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 Assessment described or referenced in the Initial
Assessment Resolution is approved.
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File Number: 09-00923a Enactment Number: R-09-0432
(C) For Fiscal Year beginning October 1, 2009, the estimated Solid Waste Assessed Cost to be
assessed is $24,820,000. The Solid Waste Assessment 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, 2009, is the same as
was approved for Fiscal Year 2008-2009, and is established as follows:
RESIDENTIAL Rate Per
PROPERTY USE Dwelling Unit
CATEGORIES
Single Family $365.00
The above rate of assessment is 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, 2009.
(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, 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 in substantially the form attached hereto as
Appendix B shall accompany the Assessment Roll.
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.
Section 6. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1 }
Footnotes:
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File Number: 09-00923a
Enactment Number: R-09-0432
{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.
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