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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 09-00923 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, 2009; 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. 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 which was present or available
for inspection at the 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 Tess 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 (2008) 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.
(C) For Fiscal Year beginning October 1, 2009, the estimated Solid Waste Assessed Cost to be
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File Number. 09-00923
assessed is $27,913,730. 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, 2009, are established
as follows:
RESIDENTIAL Rate Per
PROPERTY USE Dwelling Unit
CATEGORIES
Single Family $415.00
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, 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, 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 6,K
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File Number. 09-00923
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.
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