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HomeMy WebLinkAboutR-08-0369City of Miami Legislation Resolution: R-08-0369 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00616 Final Action Date: 6/26/2008 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; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST PROPERTY LOCATED WITHIN THE CITY OF MIAMI; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 11, 2008; AND DIRECTING THE PROVISION OF NOTICE THEREOF; 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 22-12 of the Code of the City of Miami, Florida (the "Code"), Sections 166.021 and 166.041, 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: "Commercial Property" means those properties with a Code Description designated as "Commercial" in the County Land Use Codes ("CLUC Codes") as specified in attached 'Appendix B'. "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 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 as '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 designated as "Industrial/Warehouse" in the CLUC Codes as specified in attached 'Appendix B'. City of Miami Page 1 of 5 File Id: 08-00616 (Version: 21 Printed On: 5/8/2017 File Number: 08-00616 Enactment Number: R-08-0369 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 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 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. Solid Waste Assessments shall be imposed against all Residential Parcels. The Director 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 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, 2008 to September 30, 2009. 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 to the assessment in an amount equal to or less than the benefit 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. (B) Solid Waste services possess a logical relationship to the use and enjoyment of improved 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 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 may be funded from special assessment proceeds, is required to meet anticipated demand for the delivery of Solid Waste services. (D) 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 codes is the most comprehensive, accurate, and reliable information readily available to determine the property 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 conformity with the requirements of the Uniform Method of Collection. (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 relative to a particular property. City of Miami Page 2 of 5 File Id: 08-00616 (Version: 21 Printed On: 5/8/2017 File Number: 08-00616 Enactment Number: R-08-0369 (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. (H) Apportioning the Solid Waste Assessed Costs for Solid Waste services attributable to Residential Property on a per Dwelling Unit basis is a fair and reasonable method of Parcel Apportionment based upon historical service data and 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 Dwelling Unit as defined 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 to as a "tipping fee" for said disposal. (B) The cost was garnered by determining the total cost of the service to the residential units, including but not limited to, equipment, salaries, and tipping fees. 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 be proof that garbage 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, 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 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 '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 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. City of Miami Page 3 of 5 File Id: 08-00616 (Version: 21 Printed On: 5/8/2017 File Number: 08-00616 Enactment Number: R-08-0369 (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, 2008, 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 Costs. The remainder of such Fiscal Year budget for Solid Waste services, facilities, and programs shall 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 October 1, 2008. (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, 2008, 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, 2008, in the manner provided in Section 197.3632, Florida Statutes. The Assessment Roll shall include all Tax Parcels within the Property Use Categories. 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. Section 10. Method of collection. The Solid Waste Assessments shall be collected in substantially the same manner as provided in Section 197.3632, Florida Statutes. Section 11. Authorization of public hearing. There is established a public hearing to be held at 5:05 p.m. on September 11, 2008, 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, 2008, in substantially the form attached as City of Miami Page 4 of 5 File Id: 08-00616 (Version: 21 Printed On: 5/8/2017 File Number: 08-00616 Enactment Number: R-08-0369 '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, 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.{1} 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 5 of 5 File Id: 08-00616 (Version: 21 Printed On: 5/8/2017