HomeMy WebLinkAboutR-20-0286City of Miami
Resolution R-20-0286
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 7811 Final Action Date: 9/10/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
AFTER A DULY NOTICED PUBLIC HEARING, RELATING TO THE
PROVISION OF SOLID WASTE SERVICES, FACILITIES, AND PROGRAMS IN
THE CITY OF MIAMI ("CITY"); IMPOSING SOLID WASTE ASSESSMENTS
AGAINST ASSESSED PROPERTIES LOCATED WITHIN THE CITY FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2020 AND ENDING SEPTEMBER 30,
2021; 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 Chapter 22 of the Code of the City of Miami, Florida ("City Code"); City
Commission Resolution No. R- 20-0194 adopted July 9, 2020 (which constitutes the
"Preliminary Assessment Resolution" and the "Initial Assessment Resolution", attached and
incorporated as Composite Appendix "A"); 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 virtual public hearing pursuant to Section 197.3632(4)(b), Florida
Statutes, at least twenty (20) days prior to the required public hearing. Such virtual public
hearing notice was published as set forth in Appendix "B", attached and incorporated.
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 and the Initial Assessment Resolution.
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 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 in the amount of the Solid Waste Assessment set forth in the
updated Assessment Roll, a copy of which was present and on file with the Office of the City
Clerk, available for inspection through the Office of the City Clerk for the above referenced
virtual public hearing, and 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 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
City of Miami Page 1 of 3 File ID: 7811 (Revision:) Printed On: 5/6/2025
File ID: 7811 Enactment Number: R-20-0286
apportioned among the 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, 2020 and ending September 30, 2021 ("Fiscal
Year"), the approximate Solid Waste Assessment to be assessed is $24.867 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 are established as follows:
RESIDENTIAL: Rate $380.00
PROPERTY USE: Dwelling Unit
CATEGORIES: Single Family, three (3) dwelling units, and certain other Residential Units
historically allowed to be assessed under Section 22-16 of the City Code
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.
(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 Ordinance No. 11807 and applicable Florida Statutes shall be
delivered to the Miami -Dade Tax Collector ("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 Assessment Roll, in substantially the form described
in Appendix "C", shall accompany the Assessment Roll delivered to the Tax Collector pursuant
to Section 197.3632(5)(a), Florida Statutes.
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 has published with the City Clerk for the previous
Fiscal Year ended September 30, 2019 a notice of "Full Cost Accounting for Solid Waste
Management" and shall publish with the City Clerk for the Fiscal Year notice of "Full Cost
Accounting for Solid Waste Management" once such actual cost information becomes available.
City of Miami Page 2 of 3 File ID: 7811 (Revision:) Printed on: 5/6/2025
File ID: 7811 Enactment Number: R-20-0286
Section 7. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity ttor ey 8/3172020
1 If the Mayor does not sign this Resolution, it shall become effective at the end of 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.
City of Miami Page 3 of 3 File ID: 7811 (Revision:) Printed on: 5/6/2025