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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #12264 Date: 07/08/2022 Commission Meeting Date: 09/10/2022 Type: Resolution Subject: Assess Solid Waste Fee - FY '23 Purpose of Item: Requesting Department: Office of Management and Budget Sponsored By: District Impacted: All It is respectfully recommended that the attached Solid Waste Assessment Resolution, with amendments relating to the Solid Waste Assessment be adopted. This action sets the Household Collection fee at $380 per year (the same as the current rate) and re- imposes the Solid Waste Assessment against assessed residential property located within the City of Miami for FY 2022-23 beginning October 1, 2022. The proposed resolution further approves the rate of assessment and assessment roll and provides for an effective date. Background of Item: Upon the imposition of Solid Waste Assessments for City solid waste services, facilities, or programs against assessed property located within the City, the City shall provide solid waste services to such assessed residential 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 costs, if required, to provide solid waste services, facilities, and programs, shall be funded by other City revenues. This resolution further provides definitions for terms used in Solid Waste Assessments legislation. The Resolution constitutes the Preliminary Rate Resolution for the fiscal year commencing October 1, 2022, as defined in Ordinance No. 13693 adopted July 13, 2017, which initiated the process for updating the Assessment Roll and directed the re- imposition of Solid Waste Assessments on an annual basis, pursuant to Section 197.3632 and 197.3635, Florida Statutes. Budget Impact Analysis Item is Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: $ 24,619,000 04001.213000.443400.0000.00000 Office of Management and Budget City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney City Commission Office of the Mayor Office of the City Clerk Office of the City Clerk Marie Gouin Larry M. Spring Arthur Noriega V Marta Gomez Richard Appleton Victoria Mendez Nicole Ewan Mayor's Office City Clerk's Office City Clerk's Office Reviewed B Department Head Review Assistant City Manager Review City Manager Review Legislative Division Review ACA Review Approved Form and Correctness Meeting Signed by the Mayor Signed and Attested by the City Rendered Completed Completed Completed Completed Completed Completed Completed Completed Clerk Completed Completed 07/10/2022 7:33 PM 07/11/2022 9:40 AM 07/11/2022 10:04 AM 08/09/2022 10:30 AM 08/29/2022 1:24 PM 08/29/2022 10:51 PM 09/10/2022 10:00 AM 09/12/2022 1:38 PM 09/12/2022 1:43 PM 09/12/2022 1:43 PM City of Miami Legislation Resolution Enactment Number: R-22-0320 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12264 Final Action Date:9/10/2022 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, 2022 AND ENDING SEPTEMBER 30, 2023; 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. This Resolution is adopted pursuant to the provisions of Chapter 22 of the Code of the City of Miami, Florida ("City Code"); Resolution No. R-22-0288 adopted June 23, 2022 (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 the required public hearing pursuant to Section 197.3632(4)(b), Florida Statutes, at least twenty (20) days prior to the required public hearing. Such public hearing notice was published as set forth in Appendix "B", attached and incorporated. Section 2. 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 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 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, 2022 and ending September 30, 2023 ("Fiscal Year"), the approximate Solid Waste Assessment to be assessed is $24.619 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", attached and incorporated, 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, 2021 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. Section 7. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: 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.