HomeMy WebLinkAboutR-23-0375City of Miami
Resolution R-23-0375
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14388 Final Action Date: 9/9/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
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, 2023, AND ENDING SEPTEMBER
30, 2024; 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-23-0277 adopted June 22,
2023 (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
City of Miami Page 1 of 3 File ID: 14388 (Revision:) Printed On: 7/11/2025
File ID: 14388 Enactment Number: R-23-0375
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, 2023 and ending September 30, 2024
("Fiscal Year"), the approximate Solid Waste Assessment to be assessed is $24.510 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, 2022 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: 14388 (Revision:) Printed on: 7/11/2025
File ID: 14388 Enactment Number: R-23-0375
Section 7. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey ) 8/31/2023
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: 14388 (Revision:) Printed on: 7/11/2025