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Resolution: R-06-0432
City Hall
3500 Pan American
Drive
Miami,ft 33433
www.miamisov om
Vile Number:.06-01124 final A'ction4 ate:7i43/2O06
A RESOLUTION OF THE MIAMI CITY :COMMISSION, WITH ATTACHMENT'S),
RELATING TO THE PROVISION OF SOLID WASTE SERVICE'S , FACILITIES AND
PROGRAMS IN THE CITY OF MIAMI,'FLORIDA; DESCRIBING THE METHOD OF
ASSESSING SOLID WASTE COSTS AGAINST PROPERTY LOCATED VIIWTHIN
THECITY OF MIAMI; 'DIRECTING THE PREPARATION OF AN ASSESSMENT
ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBE'R 12, 2006;
DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MAMI, 'FLORIDA:
Section 1. Authority. This Resolution is adopted pursuant to the provisions ofOrdi'nance No.
11807, adopted June 22, 1999, which amended Chapter 22-12 of the Code of the City of Miami,
Florida
("Code"), Sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of taw.
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 fort 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:
"Commercial Property" means those properties with a Code Description designated.es
"Commercial" in the County Land Use Codes ("CLUC Codes") as specified in attached "Appendix $."
"Cost Apportionment" means the apportionment of the Solid Waste Assessed Cost among all
Property Use Categories according to the Demand Percentages ,established pursuant to the
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 4o be •used -as living
quarters for one family only; or .(2) the use of land in which lots or spaces aieof#eced.for rent or lease
for the placement of mobile homes, travel trailers, or the like 'for residential purposes.
"Estimated Solid Waste Assessment Rale'Schedule" means that rate schedule attachedas
"Appendix C" 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 Code Description designatedas
"lndustrial1Warehouse" in the CLUC Codes as specified in attached "Appendix B."
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Ft* Number: 06-01124 Enactment Number: R.06-0432
Section 3. Provision and funding ofSolid Waste services.
•(A) -Upon-the imposition of Solid Waste Assessments for Solid Waste services, facilities, or
programs against Assessed Property located within the City of Miami ("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 available City revenues shall
fund programs 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 prograrns
in an amount not less than the Solid Waste Assessment imposed against such parcel in themanner
set -forth in this Initial Assessment Resolution.
Section 4. Imposition and computation of Solid Waste Assessments. Solid Waste Assessments
shall be imposed against all Residential Parcels. The Direotor of the Department of Solid Waste in the
manner set forth in this initial Assessment Resolution shall compute Solid Waste Assessments. The
amount of the assessment imposed upon unproved -residential property within the City 4s equalyto the
cost of the processing and disposal of solid waste generated from such residential property -for the
period of October 1, 2006 to September 30, 2007. The assessment is imposed equally upon all
improved residential property located within the City. No profit is included within the solid waste
disposal assessment. The amount of the assessment is apportioned -to the properties subject 4o the
assessrnent in an amount equal to or less than thebenefit received by such properties.
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 the 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 Property to be included in the Assessment Roll, the -legislative
determinations of special benefit ascertained and declared herein are ratified and confirmed.
'(S) Solid Waste services possess a logical relationship to the use and enjoyment of unproved
property by: (1) protecting and enhancing the value of the improvements and structures through die
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 parcels; (3) better service 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 nay ,be funded -from
special assessment proceeds, is required to meet anticipated -demand for the delivery of Solid Waste
services.
(0) It is fair .and reasonable to use the CLUC Codes -for the Cost Apportionment and °the Parcel
Apportionment because: (1) the Tax Roll database employing the use of such property use coeles is
the most comprehensive, accurate, and reliable information readily available to determine theproperty
use .and Building Area for improved property within the City; and (2) the Tax -Roll database, within
which such property use codes are maintained by the Property Appraiser, allows for the development
of an Assessment Roll with parcel designations compatible with those used on the Tax Roll in
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Fite Number.' 06-01124 Enacemen! Number: '12464432
conformity with the requirements of the Uniform Method of Coleection.
(E) The data available in the CLUC Codes is useful because the CLUC Codes represent records
maintained by the Property Appraiser with the most information retative to a partioular:prope y.
(f) Apportioning Solid Waste Assessed Costs among classifications of improved property based
upon historical demand for Solid Waste services is fair and reasonable and proportional to the special
benefit received.
(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 and the anticipated average occupant population.
(t l) Apportioning the Solid Waste Assessed Costs for Solid Waste services .attrib.utable4o
Residential Property on a per Dwelling Unit basis is a fair and reasonable method cif Pmei
Apportionment based upon historical service data and is required 4o avoid cost ineffioiency 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 Dwelling Unit asdefined in the' City Code.
The City transports and disposes the collected solid waste material to locations not -under the control
of the City. Consequently, the City pays what is commonly referred tows -a "dipping fee"for said
disposal,
(B) The cost was garnered by determining the total cost of the ,service to the residential unfits,
including but not limited to, equipment, salaries, and tipping tees. Those 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 located in the City is occupied shall beproof that garbage -or
other refuse •is being produced or accumulated upon such premises. However, a temporaryresidential
vacancy, regardless of duration, shall not authorize a refund or excuse the nonpayment of the solid
waste assessment.
(D) "Appendix -B," attached, contains a designation of Code Descriptions by Property Use Category
with the CLUC Codes. Tax Parcels with a^Multi-family Residential Property Use Category, and Tax
Parcels within the Single Family 'Residential Property Use Category designated as Cluster Horx,
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 CoNeotor
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
L'iry-ofJNlumi
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File Number: 06-01124 ,Enactment Number: R40649432
"Appendix D " which Parcel Apportionment methodology is 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 "Appendix 0," is to be applied in the calculation of the.estimated Solid Waste Assessment
rates established in Section 6 -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, 2006, is the amount determined in the Estimated Solid Waste Assessment Rate Schedule.
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 Casts. The -remainderof
such Fiscal Year budget for Solid Waste services, facilities, and programs stall be -funded from
available City revenue other than Solid Waste Assessment proceeds.
(B) The estimated 'Solid Waste Assessments specified in the Estimated Solid Waste Assessment
Rate Schedule are .established to fund the specified Solid Waste Assessed Costs determined to be
assessed in the 'Fiscal Year commencing Ootober 1, 2006.
(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, 2006, as provided in Section 9 of this
Initial Assessment Resolution.
Section 9. Assessment Roll.
(A) The City Manager is directed to prepare, or cause to be prepared, a preliminary Assessment
Roll for the fiscal Year commencing October 1, 2006, in the manner provided in Section 197.3632,
Florida Statutes. The Assessment Roll shall include all Tax 'Parcels within the Propety ,Use
Categories. The City Manager shall apportion the estimated Solid Waste Assessed Cost 4o be
recovered through Solid Waste Assessments in the manner set forth inrthis 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 -preiiminary Assessment Roll shall be maintained on fie inthe 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 availableito 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 amongparcels of Assessed
Property located within the City.
Section 10. Method of collection. The Solid Waste Assessments shall be collected in
substantially thesame manner as provided in Section 197.3632, Florida 'Statutes.
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File -Number: 06401124 Enaclmeni Number: R406.0432
Section 11. Authorization of public hearing. There -is established a public hearing to be held at
5:05 p.m. on September 12, 2006, 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 site or facility to make the attendance or participation by all
interested persons more comfortable or convenient.
Section 12. Notice. 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 no later than August 22, 2006, in substantially the form attached. as
"Appendix E."
Section 13. Application of 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, suoh 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.(1)
Footnotes :
(1}1f the Mayor does not sign this Resolution, it shall become, effective at the end often calendar 4ays
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 Cor�rr�ission.
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