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HomeMy WebLinkAboutLEGISLATIONCity Hall eco F 9 City of Miami 3500 Pan American Drive * fYCY Ef,'f[iTY4 Miami, FL 33133 • Legislation www.miamigov.com Resolution File Number: 10-00940 Final Action Date: 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, 2010; 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. 10-0277). 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-atthe 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 (2010) 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 approved. ` City of Miami Page I of 3 File Id: 10-00940 (Version: 1) Printed On: 8/23/2010 File Number.' 10-00940 (C) For Fiscal Year beginning October 1, 2010, the estimated Solid Waste Assessed Cost to be assessed is $27,306,745. 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, 2010, are established as follows: RESIDENTIAL Rate Per PROPERTY USE Dwelling Unit CATEGORIES Single Family $395.00 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, 2010. (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. 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 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} APPROVED AS TO FORM AND CORRECTNESS:'/ JULIE O. BRU CITY ATTORNEY�� City of Miami Page 2 of 3 File Id. 10-00940 (Version: 1) Printed On: 8123/2010 File Number 10-00940 Footnotes: {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. City of Miami Page 3 of 3 File Id: 10-00940 (Version: 1) Printed On: 8/23/2010