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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-00938
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AFTERA DULY NOTICED PUBLIC HEARING, RELATING TO THE PROVISION OF
SOLID WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI,
FLORIDA ("CITY"); IMPOSING SOLID WASTE ASSESSMENTS AGAINST
ASSESSED PROPERTY LOCATED WITHIN THE CITY FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2015; 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 and Public Hearing. 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 (the "City Code"), City Commission Resolution No. R-15-0277, adopted June 25,
2015 (which constitutes the "Preliminary Assessment Resolution" and the "Initial Assessment
Resolution"), Sections 166.021, 166.041, 197.3632, 197,3635, and 403.7049, Florida Statutes, Florida
Administrative Code Chapter 62-708, and other applicable provisions of law. The Initial Assessment
Resolution authorized the City Manager to publish notice of today's required public hearing pursuant to
Section 197.3635(4)(b), Florida Statutes, at least twenty (20) days prior to the required public hearing.
Such public hearing notice was published on Sunday, August 16, 2015, as set forth in Appendix A,
attached and incorporated as Proof of Publication, and such public hearing has occurred earlier today
on September, 10, 2015.
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 City Code, the Initial Assessment Resolution, and Ordinance No. 13531, adopted July 9,
2015.
Section 3. Provision and funding of Solid Waste services.
(A) It is ascertained, determined and declared that each of the parcels of Assessed Property within the
City of Miami ("City") described in the Assessment Roll, which is approved, are found to be specially
benefitted by the City's provision of the Solid Waste services, facilities, and programs described or
referenced in the Initial Assessment Resolution, (i) in an amount not less than the Solid Waste
Assessment for each parcel computed in the manner set forth in the Initial Assessment Resolution;
and (ii) 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. 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, in a manner consistent with the legislative declarations, determinations and findings
as set forth in the City Code, Ordinances No. 11807 and No. 13531, 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
City of Miami Page 1 of 3 File Id: 15-00938 (Version: 1) Printed On: 8/24/2015
File Number: 15-00938
residential properties that receive the special benefit as set forth in the Initial Assessment Resolution.
(B) The method of computing Solid Waste Assessments described or referenced in the Initial
Assessment Resolution is approved.
(C) For the Fiscal Year beginning October 1, 2015, the approximate Solid Waste Assessment to be
assessed is $26.2 Million. 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 the Fiscal Year commencing October 1, 2015, are
established as follows:
RESIDENTIAL Rate $380.00
PROPERTY USE Dwelling Unit
CATEGORIES Single Family, three (3) units dwelling, and certain four (4) unit dwellings
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, 2015.
(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 bylaw, 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 Ordinance No. 11807 and applicable Florida Statutes, shall be delivered to the Tax
Collector for collection using the tax bill collection method in the manner prescribed by Ordinance No.
11807 and applicable Florida Statutes. A Certificate to Non -Ad Valorem Tax Roll, in substantially the
form described in Appendix B, shall accompany the Assessment Roll delivered to the Miami -Dade
County Tax Collector.
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 levy and lien of the Solid Waste Assessments), unless proper
steps shall be initiated in a court of competent jurisdiction to secure relief within twenty (20) days from
the date of this Annual Rate Resolution.
Section 6. Pursuant to Section 403.7049, Florida Statutes, and Florida Administrative Code
Chapter 62-708, the City Manager (a) has published with the City Clerk for the previous Fiscal Year
ended September 30, 2014, a notice of "Full Cost Accounting for Solid Waste Management", and (b)
shall publish with the City Clerk for the current Fiscal Year ending September 30, 2015, a notice of
"Full Cost Accounting for Solid Waste Management", once such actual cost information becomes.
available.
Section 7. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {1}
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File Number: 15-00938
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of the ten (10)
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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