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HomeMy WebLinkAboutPre-Legislationqt r City of Miami City Hall 3500 Pan American Drive Legislation Miami, FL 33133 .� www.miamigov.com Resolution: R-15-0277 File Number: 15-00683 Final Action Date: 6/25/2015 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST PROPERTY LOCATED WITHIN THE CITY OF MIAMI; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 10, 2015, OR ANY OTHER DATE BEFORE SEPTEMBER 15, 2015 WHICH IS (A) SET BY THE CITY COMMISSION AND (B) PUBLICLY NOTICED, AND DIRECTING THE PROVISION OF NOTICE THEREOF; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO DETERMINE THE APPLICABLE NUMBER OF HOUSEHOLDS FOR THE ASSESSMENT ROLL ON OR BEFORE THE LATEST POSSIBLE DATE BEFORE SUBMISSION OF SUCH REQUIRED INFORMATION TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER FOR THE ESTIMATED SOLID WASTE ASSESSMENT RATE SCHEDULE; 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 22-12 of the Code of the City of Miami, Florida (the "City Code"), Sections 166.021, 166.041, 197.3632, 197.3635, and 403.7049, Florida Statutes, and other applicable provisions of law. Section 2. Purpose and definitions. This Resolution constitutes the Initial Assessment Resolution. All capitalized words and terms not otherwise defined herein shall have the meanings set forth in Chapter 22 of the Code. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. As used in this Resolution, the following terms shall have the following meanings, unless the context hereof otherwise requires: "Assessed Property" and "Assessed Properties" mean(s) (a) those residential properties of single family and multifamily residences of three units or less, and (b) those other residential units historically allowed to be assess under Section 22-16 of the City Code, all of which are located within the City and which are Residential units as defined in the City Code, which are also Dwelling Units as defined below, and that are identified to be included in the Assessment Roll pursuant to Section 22-12 of the Code and this Initial Assessment Resolution pursuant to the Miami -Dade County Land Use Codes ("CLUC Codes") as specified in attached and incorporated 'Appendix B' Property Use Categories. "Commercial Property" means those properties with a code description designated as "Commercial" in the "CLUC Codes" as specified in attached 'Appendix B' Property Use Categories. "Cost Apportionment" means the apportionment of the Solid Waste Assessed Cost among all Appendix B Property Use Categories according to the demand percentages related to the delivery of Solid Waste service to residential Dwelling Units established pursuant to the Cost Apportionment City of Miami Page 1 of 6 File Id. I5-00683 (Version: 1) Printed On: 8/1312015 File Number: 15-00683 Enactment Number: R-15-0277 methodology described in Section 6 of this Initial Assessment Resolution. "Dwelling Unit" means (1) a Building, or a portion thereof, available to be used for residential purposes, consisting of one or more rooms arranged, designed, used, or intended to be used as living quarters for one family only, or (2) the use of land in which lots or spaces are offered for rent or lease for the placement of mobile homes, travel trailers, or the like for residential purposes. "Estimated Solid Waste Assessment Rate Schedule" means that rate schedule attached as 'Appendix C' Estimated Solid Waste Assessment Rate Schedule which is incorporated herein by reference, specifying the Solid Waste Assessed Costs determined in Section 8 of this Initial Assessment Resolution and the estimated Solid Waste Assessments established in Section 8 of this Initial Assessment Resolution. "Industrial/Warehouse Property" means those tax parcels with a CLUC Code description designated as "Industrial/Warehouse" in the CLUC Codes as specified in attached 'Appendix B' Property Use Categories. "Parcel Apportionment" means the apportionment of the Solid Waste Assessed Costs for Solid Waste services among all residential property for single family and multi -family residences of three units or less on a per Dwelling Unit basis for Residential unit(s) as defined in the City Code pursuant to the Parcel Apportionment methodology described in Section 7 of this Initial Assessment Resolution. Section 3. Provision and funding of Solid Waste services. (A) Upon the imposition of Solid Waste Assessments for Solid Waste services, facilities, or programs against Assessed Property located within the City, the City shall provide Solid Waste services to such Assessed 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 cost required to provide Solid Waste services, facilities, and programs shall be funded by legally available City revenues other than Solid Waste Assessment proceeds. (B) It is ascertained, determined, and declared that each parcel of Assessed Property located within the City will be benefited by the City's provision of Solid Waste services, facilities, and programs in an amount not less than the Solid Waste Assessment imposed against such parcel in the manner set forth in this Initial Assessment Resolution. Section 4. Imposition and computation of Solid Waste Assessments. Pursuant to Section 22-2 of the City Code, the City provides Solid Waste services to (a) single and multi -family residences of three units or Less, and (b) those other residential units historically allowed to be assessed under Section 22- 16 of the City Code, all of which are located within the City. Solid Waste services include, but are not limited to, (a) garbage collection, conveyance, and disposal services twice a week; (b) recycling collection, conveyance and disposal services every other week; and (c) Bulky waste collection, conveyance and disposal services on a weekly basis. Solid Waste Assessments shall be imposed against all residential parcels for single family and multi -family residences of three units or less. Additionally, the City has historically imposed and continues to impose Solid Waste Assessments upon those other residential units historically allowed to be assessed under Section 22-16 of the City Code. The Director of the Department of Solid Waste in the manner set forth in this Initial Assessment Resolution shall compute Solid Waste Assessments for the Assessed Properties. The amount of the Solid Waste Assessment imposed upon improved residential property within the City is equal to the cost of the processing and disposal of Solid Waste generated from such residential property for the City of Miami Page 2 of 6 File Id: 15-00683 (Version: 1) Printed On: 8113/2015 File Number: 15-00683 Enactment Number: R -I5-0277 period of October 1, 2015 to September 30, 2016. The Solid Waste Assessment is imposed equally upon all Assessed Properties located within the City. No profit is included within the Solid Waste Assessment. The amount of the Solid Waste Assessment is apportioned to the Assessed Properties in an amount equal to or less than the benefit received by such residential properties which are Residential unit(s) as defined in the City Code. Section 5. Legislative determination of special benefit and fair apportionment. It is ascertained and declared that the Solid Waste Assessed Costs provide a special benefit to each Assessed Property based upon the following legislative determinations. (A) Upon the adoption of this Initial Assessment Resolution determining the Solid Waste Assessed Costs and identifying the Assessed Properties to be included in the Assessment Roll, the legislative determinations of special benefit ascertained and declared herein are ratified, approved, adopted, confirmed, and incorporated into this Initial Assessment Resolution by reference. (B) Solid Waste services possess a logical relationship to the use and enjoyment of improved residential property by: (1) protecting and enhancing the value of the improvements and structures through the provision of available Solid Waste services; (2) protecting the attractiveness, health, safety and welfare of intended occupants in the use and enjoyment of improvements and structures within improved residential parcels; (3) better services to owners and tenants, and (4) the enhancement of environmentally responsible use and enjoyment of residential land. (C) All of the annual Department of Solid Waste budget, a portion of which may be funded from special assessment proceeds, is required to meet anticipated demand for the delivery of Solid Waste services to (a) single family and multi -family residences of three units or less, and (b) those other residential units historically allowed to be assessed under Section 22-16 of the City Code, all of which are located within the City which are Dwelling Units as defined above and which are Residential unit(s) as defined in the City Code. (D) It is fair and reasonable to use the CLUC Codes for the Cost Apportionment and the Parcel Apportionment because: (1) the Miami -Dade County Property Appraiser's Tax Roll ("Tax Roll") database employing the use of such property use codes is the most comprehensive, accurate, and reliable information readily available to determine the property use and Building Area for improved residential property within the City, and (2) the Tax Roll database, within which such property use codes are maintained by the Miami -Dade County Property Appraiser ("Property Appraiser"), allows for the development of an Assessment Roil of Assessed Properties (collectively, "Assessment Roll") with residential parcel designations compatible with those used on the Tax Roll in conformity with the requirements of the Uniform Method of Collection under Sections 197.3632 and 197.3635, Florida Statutes. (E) The data available in the CLUC Codes is useful because the CLUC Codes represent records maintained by the Property Appraiser with the most available publicly recorded information relative to a particular residential property. (F) Apportioning Solid Waste Assessed Costs among classifications of improved residential property for (a) single family and multi -family residences of three units or less, and (b) those other residential units historically allowed to be assessed under Section 22-16 of the City Code, all of which are located within the City based upon historical demand for Solid Waste services by such residential properties is fair and reasonable and proportional to the special benefit received by such residential properties. (G) The size or the value of the residential property does not determine the scope of the required Solid Waste service. The potential demand for Solid Waste services is driven by the existence of a Dwelling Unit which is a Residential unit as defined in the City Code and the anticipated average occupant population of such Dwelling Unit. (H) Apportioning the Solid Waste Assessed Costs for Solid Waste services attributable to residential property for (a) single family and multi -family residences of three units or less, and (b) those City of Mia nii Page 3 of 6 File Id. 15-00683 (!Version: 1) Printed On: 8/13/2015 File Number: 15-00683 Enactment Number: R-15-0277 other residential units historically allowed to be assessed under Section 22-16 of the City Code, all of which are located within the City, on a per Dwelling Unit basis (a) is a fair and reasonable method of Parcel Apportionment based upon historical City Solid Waste service data for such residential properties which are Residential unit(s) as defined in the City Code and (b) is required to avoid cost inefficiency and unnecessary administration. Section 6. Cost Apportionment methodology. (A) The City determined the cost of Solid Waste service by analyzing data from the Department of Solid Waste related to the delivery of Solid Waste service to residential Dwelling Units. The City provides garbage and trash collection to every Residential unit as defined in the City Code which is a Dwelling Unit. The City transports to and disposes the collected Solid Waste material at locations not under the control of the City. Consequently, the City pays what is commonly referred to as a "tipping fee" for said disposal. (B) The cost was garnered by determining the total cost of the Solid Waste service to the Residential units as defined in the City Code, including but not limited to, equipment, salaries, and tipping fees. Those Solid Waste costs were then apportioned on an equal basis to each of the parcels with the Residential Property Use Category on a per Dwelling Unit basis. (C) The fact that any Residential unit as defined in the City Code, which is located in the City is occupied shall be proof that garbage, trash or other refuse is being produced or accumulated upon such premises. However, a temporary residential vacancy, regardless of duration, shall not authorize a refund or excuse the nonpayment of the Solid Waste Assessment. (D) "Appendix B" attached, contains a designation of Code Descriptions by Property Use Category with the CLUC Codes. Except for Tax Parcels for those other residential units historically allowed to be assessed under Section 22-16 of the City Code, Tax Parcels with a Multi -Family Residential Property Use Category for Residential units of more than three Dwelling Units, and Tax Parcels within the Single Family Residential Property Use Category designated as Cluster Home, Mobile Home, Condominium or Cooperative shall not be assessed because the City does not provide service to them, They shall, however, have service provided by a Commercial Solid Waste Collector as provided for in the City Code. Section 7. Parcel Apportionment methodology. (A) The apportionment among Tax Parcels of that portion of the Solid Waste Assessed Costs apportioned to each Residential Property Use Category under the Cost Apportionment shall be consistent with the Parcel Apportionment methodology described and determined in attached 'Appendix D', which Parcel Apportionment methodology is ratified, confirmed, approved, adopted, and incorporated into this Initial Assessment Resolution by reference. (B) It is acknowledged that the Parcel Apportionment methodology described and determined in attached 'Appendix D', is to be applied in the calculation of the estimated Solid Waste Assessment rates established in Section 8 of this Initial Assessment Resolution. Section 8. Determination of Solid Waste Assessed Costs; establishment of initial Solid Waste Assessments. (A) The Solid Waste Assessed Costs to be assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and the Parcel Apportionment for the Fiscal Year commencing October 1, 2015, is the amount determined in the Estimated Solid Waste Assessment Rate Schedule, attached and incorporated as Appendix C. The approval of the Estimated Solid Waste Assessment Rate Schedule by the adoption of this Initial Assessment Resolution determines the amount of the Solid Waste Assessed Costs. The remainder of such Fiscal Year budget for Solid Waste services, facilities, and programs shall be funded from available City revenues other than Solid Waste Assessment proceeds. City of Miami Page 4 of 6 File Id: 15-00683 ([version: 1) Printed On: 8/13/2015 File Number: 15-00683 Enactment Number: R-1 5-02 77 (B) The estimated Solid Waste Assessments specified in the Estimated Solid Waste Assessment Rate Schedule, attached and incorporated as Appendix C. are estimated at this time to fund the specified Solid Waste Assessed Costs determined to be assessed in the Fiscal Year commencing October 1, 2015. The City Manager is authorized and directed as set forth below in Section 9 to finalize and establish the number of households necessary to determine the preliminary Assessment Roll and the resulting total revenue. (C) The estimated Solid Waste Assessments established in this Initial Assessment Resolution shall be the estimated assessment rates applied by the City Manager in the preparation of the preliminary Assessment Roll for the Fiscal Year commencing October 1, 2015, as provided in Section 9 of this Initial Assessment Resolution. Section 9. Assessment Roll. (A) The City Manager is authorized and directed to prepare, or cause to be prepared, a preliminary Assessment Roll for the Fiscal Year commencing October 1, 2015, in the manner provided in Section 197.3632, Florida Statutes. The Assessment Roll shall include all Tax Parcels within the Residential Property Use Categories for (a) single family and multi -family residences of three units or less, and (b) those other residential units historically allowed to be assessed under Section 22-16 of the City Code, all of which are located within the City and all of which are Residential unit(s) as defined in the City Code and which are Dwelling Units as defined above. The City Manager shall apportion the estimated Solid Waste Assessed Cost to be recovered through Solid Waste Assessments in the manner set forth in this Initial Assessment Resolution, A copy of this Initial Assessment Resolution, documentation related to the estimated amount of the Solid Waste Assessed Cost to be recovered through the imposition of Solid Waste Assessments, and the preliminary Assessment Roll shall be maintained on file in the office of the City Clerk and open to public inspection. The foregoing shall not be construed to require that the preliminary Assessment Roll be in printed form if the amount of the Solid Waste Assessment for each parcel of property can be determined by the use of a computer terminal available to the public. (B) It is ascertained, determined, and declared that the method of determining the Solid Waste Assessments for Solid Waste services as set forth in this Initial Assessment Resolution is a fair and reasonable method of apportioning the Solid Waste Assessed Cost among parcels of Assessed Property located within the City. (C) The City Manager is authorized and directed to determine the applicable number of households for the Assessment Roll on or before the latest possible date before submission of such required information to the Property Appraiser for the Estimated Solid Waste Assessment Rate Schedule for the Fiscal Year commencing October 1, 2015. Section 10. Method of collection. The Solid Waste Assessments shall be collected under the combined notice for ad valorem taxes and non -ad valorem assessments in substantially the same manner as provided in Sections 197.3632 and 197.3635, Florida Statutes. Section 11. Authorization of public hearing. There is established a public hearing to be held at 5:05 p.m. on September 10, 2015, or on any other date- before September 15, 2015 which is (a) set by the City Commission and (b) publicly noticed, in the City Commission Chambers of City Hall, 3500 Pan American Drive, Miami, Florida, at which time the City Commission will receive and consider any comments on the Solid Waste Assessments from the public and affected property owners and consider imposing Solid Waste Assessments and collecting such assessments using the uniform method provided in Section 197.3632, Florida Statutes. Nothing shall preclude the City Commission from recessing and reconvening the public hearing at another date and time, or at another site or facility to make the attendance or participation by all interested persons more comfortable or City of Mia nai Page 5 of 6 File Id: 15-00683 (Version: 1) Printed On.: 8/13/2015 File Number: 15-00683 Enactment Number: R-15-0277 convenient. Section 12. Notices. The City Manager shall publish a notice of the public hearing authorized by Section 11 hereof in the manner and time provided for in Section 197.3632, Florida Statutes. The notice shall be published pursuant to Section 197.3635(4)(b), Florida Statutes, at least 20 days prior to the required public hearing, in substantially the form attached as 'Appendix E'. The City Manager shall also publish a notice of "Full Cost Accounting for Solid Waste Management" in accordance with Section 403.7049, Florida Statutes, and Florida Administrative Code Chapter 62-708. Section 13. Application of Solid Waste Assessment proceeds. The approval of the Estimated Solid Waste Assessment Rate Schedule by the adoption of this Initial Assessment Resolution determines the amount of the Solid Waste Assessed Costs. The remainder of such Fiscal Year budget for Solid Waste services, facilities, and programs shall be funded from legally available City revenues other than Solid Waste Assessment proceeds. Proceeds derived by the City from the Solid Waste Assessments will be utilized for the provision of Solid Waste services, facilities, and programs. In the event there is any fund balance remaining at the end of the Fiscal Year, such balance shall be carried forward and used only to fund Solid Waste services, facilities, and programs. Section 14. Effective Date. The provisions contained in this Initial Assessment Resolution shall take effect immediately upon its passage and adoption. Section 15. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} Footnotes: {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 Mianai Page 6 of 6 File Id. 15-00683 (version: 1) Printed On: 8/13/2015 APPENDIX A CLUC CODES Appendix A County Land Use Codes (CLUC) 0000 REFERENCE ONLY 0001 RESIDENTIAL -SINGLE FAMILY 0002 DUPLEX 0003 MULTIFAMILY 3 OR MORE UNITS 0004 RESIDENTIAL -TOTAL VALUE 0005 CLUSTER HOME 0006 MOBILE HOME 0007 CONDOMINIUM - RESIDENTIAL 0008 COOPERATIVE - RESIDENTIAL 0009 MIXED USE - RESIDENTIAL 0010 TOWNHOUSE 0011 RETAIL OUTLET 0012 REPAIRS - NON, AUTOMOTIVE 0013 OFFICE BUILDING 0014 WHOLESALE OUTLET 0015 ENTERTAINMENT 0016 LEASEHOLD INTEREST 0'017 COMMERCIAL - TOTAL VALUE 0018 CONDOMINIUM - COMMERCIAL 0019 AUTOMOTIVE OR MARINE 0020 DOCK - TOTAL VALUE 0021 HOTEL 0022 MOTEL 0023 CONDOMINIUM - TIMESHARING 0024 CAMPSITE 0025 ENTERPRISE ZONE TOTAL VALUE 0026 SERVICE STATION - AUTOMOTIVE 0029' MIXED USE - COMMERCIAL 0031 MINERAL PROCESSING 0032 LIGHT MFG & FOOD PROCESSING 0034 CANNERIES - BOTTLER 0036 HEAVY IND OR LUMBER YARD 0037 WAREHOUSE OR STORAGE 0039 MIXED USE - INDUSTRIAL 0040 MUNICIPAL 0041 EDUCATIONAL -PRIVATE 0042 CLUB OR HALL - PRIVATE 0043 HEALTH CARE 0044 RELIGIOUS 0045 PUBLIC ADMINISTRATION 0046 PENAL INSTITUTION 0047 DADE COUNTY 0048 BOARD OF PUBLIC INSTRUCTION 0049 MIXED USE - GOVERNMENTAL 0050 CULTURAL - LITERARY 0061 PRIVATE PARK 0052 PLAYGROUND 0063 GOLF COURSE 0.054 CEMETERY 0055 BENEVOLENT Appendix A County Land Use Codes (CLUC) 0056 SCIENTIFIC 0057 PARSONAGE 0058 YMCA - YWCA 0059 MIXED USE - INSTITUTIONAL 0061 AIRPORT/TERMINAL OR MARINA 0062 RAILROAD ASSESSMENT 00*63 UTILITY 0064 RIGHT-OF-WAY 0065 PARKING LOT 0066 EXTRA FEA OTHER THAN PARKING 0069 MIXED USE - MISCELLANEOUS 0071 GROVE OR ORCHARD 0079 MIXED USE - AGRICULTURAL 0080 VACANT .LAND - GOVERNMENTAL 0081 VACANT LAND 0082 GLADE 0083 MARSH OR SWAMP 0084 RECREATIONAL OR ENDANGERED 0085 SO FLORIDA WATER MGMT DIST 0086 TRUSTEE 11 FUND 0088 O/G/M RIGHTS 0089 BACK ASSESSMENT 009b LAND AVAILABLE FOR TAXES 0091 RIVER 0092 LAKE 0093 SUBMERGED LAND 0096 OFFICE USE ONLY 0098 FEDERAL 0099 STATE OF FLORIDA 0001 — 0010 F1 Residential 0011 — 0039 11 Commercial 0040 — 0099 (excluding 0066, 0080 & 0081) F-1 remaining including community-based organizations, churches, schools, governmental 0066, 0080, 0081 — vacant land APPENDIX B PROPERTY USE CATEGORIES Appendix B Property Use Categories Use Qeslqntic�n CLUC Code Qescr�Qtlon . COMMERCIAL 0011 RETAIL OUTLET 0012 REPAIRS - NON AUTOMOTIVE 0013 OFFICE BUILDING 0014 WHOLESALE OUTLET 0015 ENTERTAINMENT 0017 COMMERCIAL - TOTAL VALUE 0018 CONDOMINIUM - COMMERCIAL 0019 AUTOMOTIVE OR MARINE 0021 HOTEL 0022 MOTEL 0025 ENTERPRISE ZONE - TOTAL VALUE 0026 SERVICE STATION - AUTOMOTIVE 0029 MIXED USE - COMMERCIAL IND USTRIALIWAREHOUSE 0031 MINERAL PROCESSING 0032 LIGHT MFG & FOOD PROCESSING 0034 CANNERIES - BOTTLER 0036 HEAVY IND OR LUMBER YARD 0037 WAREHOUSE OR STORAGE 0039 MIXED USE - INDUSTRIAL 0061 AIRPORT/TERMINAL OR MARINA 0063 UTILITY INSTITUTIONAL 0040 MUNICIPAL 0041 EDUCATIONAL - PRIVATE 0042 CLUB OR HALL - PRIVATE 0043 HEALTH CARE 0044 RELIGIOUS 0046 PUBLIC ADMINISTRATION 0046 PENAL INSTITUTION 0047 DADS COUNTY 0048 BOARD OF PUBLIC INSTRUCTION 0049 MIXED USE - GOVERNMENTAL 0060 CULTURAL - LITERARY 0055 BENEVOLENT 0056 SCIENTIFIC 0058 YMCA - YWCA 0069 MIXED USE - INSTITUTIONAL 0086 SO FLORIDA WATER MGMT DIST 0086 TRUSTEE 11 FUND 0098 FEDERAL 0099 STATE OF FLORIDA m Use Designation CLUC Code Description MULTI -FAMILY 0003 MULTIFAMILY 3 OR MORE UNITS PUBLIC HOUSING 00G3 GOVERNMENT MULTI -FAMILY SINGLE FAMILY 0001 RESIDENTIAL - SINGLE FAMILY 0002 DUPLEX 0004 RESIDENTIAL - TOTAL VALUE 0006 CLUSTER HOME 0006 MOBILE HOME 0007 CONDOMINIUM - RESIDENTIAL 0008 COOPERATIVE - RESIDENTIAL 0009 MIXED-USE RESIDENTIAL 0010 TOWNHOUSE 0023 CONDOMINIUM - TIMESHARING 0057 PARSONAGE ml APPENDIX C ESTIMATED SOLID WASTE ASSESSMENT RATE SCHEDULE APPENDIX C ESTIMATED SOLID WASTE ASSESSMENT RATE SCHEDULE SECTION C-1. DETERMINATION OF SOLID WASTE ASSESSED COSTS, The estimated Solid Waste Assessed Costs to be assessed for the Fiscal Year commencing October 1., 2015, is $26,198,720,00, SECTION C-2, ESTIMATED SOLID WASTE ASSESSMENTS. The estimated Solid Waste Assessments to be assessed and apportioned among benefited parcels, pursuant to the Cost Apportionment and Parcel Apportionment methods, to generate the estimated Solid Waste Assessed Cost for the Fiscal Year commencing October 1, 2015, are established as follows for the purpose of this Initial Assessment Resolution: RESIDENTIAL RATE PROPERTY USE PER EACH CATEGORIES DWELLING UNIT Single Family and $380.00 City -Defined Multi -Family .0-1 C-1 APPENDIX D PARCEL APPORTIONMENT METHODOLOGY APPENDIX D PARCEL APPORTIONMENT METHODOLOGY The Cost Apportionment to each Residential Property Use Category shall be apportioned among the Tax Parcels as follows:. SECTION D-1, RESIDENTIAL PROPERTY, The Solid Waste Assessment for each Tax Parcel of Residential Property shall be computed as follows: (A) The Solid Waste Assessment for each Tax Parcel of Single Family Property shall be computed by dividing the Solid Waste Assessed Costs by the total number of Dwelling Units shown on the Tax Roll which are attributable to Single Family Property, and then multiplying such quotient by the number of Dwelling Units located on each Tax Parcel of S[ngle Family Property, (B) Tax Parcels with a Multi-Famlly Residential Property Use Category, ,and Tax Parcels within the Single Family Residential Property Use Category designated As Cluster Home, Mobile Home, Condominium or Cooperative shall not be assessed because the City does not provide service to them. They shall, however, have service provided by a Commercial Solid Waste Collector as provided for in the City Code, D-1 APPENDIX E FORM OF NOTICE TO BE PUBLISHED APPENDIX E FORM OF NOTICE TO BE PUBLISHED; [INSERT MAP OF CITY] NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR COLLECTION OF SOLID WASTE SPECIAL ASSESSMENTS Notice is given that the City Commission of the City of Miami will conduct a public hearing to consider imposing Solid Waste special assessments for the provision of Solid Waste services within the City of Miami for the Fiscal Year commencing October 1, 2016 and ending September 30, 2016, The hearing will be held at, 5:05 p.m. on September 1-0, 20.15, in the City Commission Chambers of City Hall, 3500 Pan American Drive, Miami, Florida, for the purpose of receiving public comment on the proposed assessments, All affected property owners have, a right to appear at the hearing and to file written objections with the City Commission within 20 days of this notice. If a person decides toappealany decision made by the City Commissioners with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act., persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk at .(305) 250-5360 at. least seven days prior to the date of the hearing. The assessment for each parcel of property will be based upon each parcel's classification and the total -number of billing units attributed to that 'parcel, The total estimated Solid Waste Assessed Costs -to be assessed and collected for the Fiscal Year commencing October 1, 2015, Is following table reflects the proposed Solid Waste assessment schedule: E-1 RESIDENTIAL RATE PROPERTY USE PER EACH CATEGORIJES DWELLING UNIT Single Family and $380,00 City -Defined Multi -Family Copies of the Solid Waste Assessment Ordinance, Initial Assessment Resolution and the preliminary assessment roll are available for inspection at the Office of the City Clerk of Miami, Florida, 3500 Pan American Drive, Miami, Florida. Unless proper steps are Initiated in a court of competent jurisdiction to secure relief within 20 days from the date of City Commission action at the above hearing (including the method of apportionment, the rate of assessment and the imposition of assessments), such action shall be the final adjudication of the Issues presented. The assessments will be collected on the same bill as ad valorem taxes. Failure to -pay the assessment will result In either the commencement of foreclosure proceedings or cause a tax certificate to be issued against the property which may result In a loss of title, If you have any.questions, please contact the City of Miami at (.305.) 416-1570, Monday through Friday between 8:30 a,m, and 4:30 p.m. E-2 AGENDA ITEM SUMMARY FORM FILL ID:, 15-00683 Date: 05/19/2015 Requesting Department: Solid Wast Commission Meeting Date: 6/25/2015 District Impacted: Citywide Type: X Resolution n0rdinanco EJ Emergency Ordinance D Discussion Item F-1 other I Subject: Solid Waste Assessment for the Fiscal year beginning October 1, 2015 Purpose of Item: Law Department Matter ID No. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, RELATING TO THE, PROVISION OF 'SOLID WASTE SERVICES, FACILITIES AND PROGRAMS IN THE -CITY OF MIAMI, FLORIDA; DESCRIBING THE, METHOD OF ASSESSING SOLID WASTE COSTS AGAINST PROPERTY LOCATED WITHIN THE CITY OF MIAMI; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 10, 2015; AND DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Background Information: This resolution will approve the Solid Waste Fee at $380.00 per each City of Miami resident with three units or less. There is not an increase or decrease of the Solid Waste Fee from the current fiscal year. Budget Impact Analysis Yes Is this item related to revenue? No Is this item an expenditure? If so, please identify funding source below. General Account No., 04001,213060.443400,0000.00000 Special Revenue Account No..., CIP Project No: No Is this item funded by Homeland Defense/Neighborhood Improvement Bonds? Start Up- Capital Cost: Maintenance Cost: Total Fiscal Impact: $26,198,720 Final Approvals (SIGN AND DATE) CIP NLA Bud :51// If using or receiving capit I funds Grants— 7A� Risk Management Purchasing.MIA, Dept. Director 6 Chief 5]27/205 City Manag Page I of 1 �>t 'A City Hall City of Miami 3500 Pan American Drive Vow 0"Offwww.miamigov.com Miami, FL 33133 VI - Master Report Enactment Number: R-15-0277 File Number: 15-00683 File Type: Resolution Status: Passed Version: 1 Reference: File Name: Auth. Assessment of Solid Waste Fee FY'15 Requester: Department of Solid Waste Cost: Controlling Body: Office of the City Clerk Introduced: 5/20/2015 Final Action: 6/25/2015 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST PROPERTY LOCATED WITHIN THE CITY OF MIAMI; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 10, 2015, OR ANY OTHER DATE BEFORE SEPTEMBER 15, 2015 WHICH IS (A) SET BY THE CITY COMMISSION AND (B) PUBLICLY NOTICED, AND DIRECTING THE PROVISION OF NOTICE THEREOF; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER TO DETERMINE THE APPLICABLE NUMBER OF HOUSEHOLDS FOR THE ASSESSMENT ROLL ON OR BEFORE THE LATEST POSSIBLE DATE BEFORE SUBMISSION OF SUCH REQUIRED INFORMATION TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER FOR THE ESTIMATED SOLID WASTE ASSESSMENT RATE SCHEDULE; AND PROVIDING FOR AN EFFECTIVE DATE. Sponsors: Notes: Indexes: Attachments: 15-00683 SummaryForm.pdf,15-00683 Back -Up from Law Dept.pdf,15-00683 Legislation.pdf,15-00683 Exhibit.pdf, History of Legislative File Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result: 1 Office of the City 6/25/2015 Reviewed and Attorney Approved 1 City Commission 6/25/2015 ADOPTED Pass Office of the Mayor 7/1/2015 Office of the City Clerk 7/2/2015 Signed by the Mayor Office of the City Clerk Signed and Attested by City Clerk City of Miami Page I Printed on 811312015 J-99-498 6/14/99 ORDINANCE NO. 11807 AN EMERGENCY ORDINANCE OF THE, MIAMI CITY COMMISSION AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, �AS AMENDED, ENTITLED "GARBAGE 'AND OTHER SOLID WASTE," RELATING TO "THE PROVISION OF. SOLID WASTE SERVICES, FACILITIES, AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; PROVIDING THAT SOLID WASTE ASSESSMENTS CONSTITUTE A LIEN ' ON ASSESSED PROPERTY EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY, DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES, TITLES., AND CLAIMS; PROVIDING THAT THE 'SOLID WASTE ASSESSMENTS MAY BE COLLECTED PURSUANT TO SECTIONS 197,3632 AND 197.363.5, FLORIDA STATUTES, AS AMENDED; MORE PARTICULAftLY BY AMENDING SECTION 22-1'2 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR,INCLUS*ION IN THE CITY CODE. BE IT ORDAINED BY THE COMMISSION OF THE- CITY' OF MIAMI, FLORIDA:' Section 1. Chapter 22, entitled "Garbage and Other Solid Waste, of the Code , of the City of ami., Florida,, as amended, is hereby amended in the following pa"r'ticularsti/ "CHAPTER 22 Garbage and Other Solid Waste ARTICLE 1. IN GENERAL Sec. 22-12. Waste fees. Words and/or figures stricken through shall be deleted. uAderscored words and/or figures shall be added. The remaining provisions are now_ in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 11807 (a) An annual waste fee 'is here'by assessed upon all city serviced residential units as defined in section 22-1 and as set forth herein. These fees shall apply to residential units within the city not serviced by private sanitation companies and shall serve to defray the cost of waste colleQtion'and disposal. 'R. -F f P, (- t- -1, v P 2,('t-OhPr 1, 1999. Hip,- city may iii-ilize the uniform method. of col1pnLIQla pvir,41�ant j.Q Cha3:�ter 1-97 of the Ptatutes., whereby residential iini.t: ownerg shall 1:�aU -FQr, r(zisirlprtial sc)Ijc3 waqt-e S,prvi_CPq on ih� to hill., in acriordance with thf� Novi siomq of Chaster 197 of thp t nri a Pt -At il±es., as amended - , Tf try elprits not- to IlSe then, tax hill -Pf-'h-H _thet___QGne -half 'of said annual fee amount shall be due and collectible on January I and on July I of each calendar year, beginning January, 1999, as follows: Fiscal Year Annual Fee 1998--1999 $214.00 1959--2000 216.00 2000--2001 236.00 2001--2002 260.00 2002--2003 2.66.00 (b) All fees billed shall be due and col:lectible upoi. receipt. The ., fact that --any residential unit or any commercial establishment located in the city is occupied shall be prima facie.evidence that garbageand other refuse is being accumulated or produced upon such premises; and temporary vacancy sha'11 not authorize a refund or excuse the nonpayment of the applicable fee. In the avant i -h _citv (=J�j-.o, to Disc t he tax hill naller,tion method aijpnn the adn3�tioz ot the ass.e,g-sment jZQj J. F ;;II. qr)j�d' Wa6q7ta__aaSaiqqmPnts qhaj I c.Qn_qi7jA-_Ute 'a lien. Rgainst. assessed p=pprrLy ealial J_n rank and ffllgnit�4 wit -h thp jj.p_nS of all qf-pi-A cnjlnt�4, d-I'StriCt, Oi M11- I ­ Rtcejpt as otherwise provi r7ad by law., such 1_i ens shaLl. b�- suj:)eX.jn-r in di.5 gnity to all- other 1�eriod Ilh-na, wortaaa,eg, a goiia waste a6gopsqment shall hpdepmej 3)(::�rfact(5,-d 1),I�Qn a8o�)H_Qn by tho. nity (,nmmisglon of the fj�al BICI-gelgaman-t WbIchaver is appli.Cabl-e. The. lie�n fC�r a waste aSqeSsmPrt- shall hP. (9P.PmPd nPrfP.(-t-.E,d unnn adnIation by the cl I 1-y ommmilasi.nn of thp fdlal'ass�ssm;nt res6lutjonnr the. i3al rate resoDiHnn, whichever is ThP,__j.jjen for a solid-- wa�te assessment roll Pct P.d.u,nder thUniform. Asspe.Rment Cal-lectI.on Act -2- .1807 Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with. the provisions of this ordinance'are hereby repealed. Section If any section, part of section, paragraph, clause, phrase or word of this Ordinance i's declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance is hereby declared to be an emergency- measure on the grounds of, urgent public need for the preservation. of peace, health, safety, and property, of the City of Miatni, and. upon the further grounds of the necessity, to make the required and necessary payments to its employees and officers, payment of its debts, necessary and required' purchases of g6ods and supplies and to'generally carry-on-the-fuiictions-and duties of municipal affairs... Section 5. The requirement of reading this Ordinance on two separate days is hereby dispensed with by an affirmative vote of not less than four-fifths of the members of the Commission. Section 6. It is the intention of the. City Commission that the provisions of this Ordinance shall- become and be made a part of the Code of the City of Miami, Florida, as amended, which provisions may be renumbered or. relettered and. that the word "ordinance" may be changed. to "section", "article", or other -3- 0 7 appropriate word to accomplish such intention. Section 7. This Otdinance' shall become effective immediately upon its adoption and signature of the.Mayor.21 PASSED AND ADOPTED BY TITLE ONLY this 22nd day of June 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec, 2-S6, since the MqQr did not indicate approval of this legislation by signing it In the designated place providod, said lsoislafloh now becomes effective with the elapse of ten (10) days from the. date of Commission active t6garding same, without the Mayor exorcising a veto. ATTEST: alter J, Oman, City lerk WALTER J. FORMAN CITY CLERX APPROVED A. 0 R AND CORRECTNESS VILARELLO TY To TORNEY W72 GKW:13SS. If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this' Ordinance, it shall become effective immediately upon overralide of the veto by the City Commission, I I I -4- 11807 TO: The Honorable !Mayor and Membe S of the City- Commission 0', FROM: Donald H. Warshaw City i y Manager RECOMMENDATION CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM DATE; , JUN 15 1999 FILE: SUBJECT: Uniform Method Of Collection Solid Waste Residential Ac&ts REFERENCES: ENCLOSURES! It is respectfully requested that the City Commission approve the amendments, as proposed, to the Garbage and Other Solid Waste Ordinance (Chapter 22 of the City's Code of Ordinances). These amendments formalize the action taken by the City Commission in January of this year by authorizing the placement of residential solid waste bills on the property tax bill as a non ad -valorem assessment, Further, this action does not preclude the City Commission from returning to direct billing should it desirc to do so in the future, BACKGROUND Currently, solid waste fees are collected through two separate billings per year. The resolution approved by the City Commission acknowledged She efficiency of eliminating these two separate billings for consolidation into the property tax bill. Using this method of collection also allows residents to pay this assessment through their mortgage company which could expand their payments over a 12 -month period versus two semi-annual payments. Further, for those that do not pay through a mortgage company, the opportunity to spread the payments quarterly is also afforded through the County. 4 11807 2 MIAMI DAILY BUSINESS.REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally. appeared Sookio Williams, who on oath says that she Is the Vice President of Legal Advortiaing of the Miami Daily Business Review f/k1a Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the mattdr of CITY OF MIAMI ORDINANCE NO. 11807 In the XXXXX,,,,,,,,,,,,,,,, ,,,, Gaurt, was published lrygi 7wspapoi In the Issues of AOL ,� gg+�pMM■hi�,�r�pq�ppRB����# II•� '�1''r' !;•�AF: WA�64'f41YJ f:�WM�:�'ti„�: K�. ! 'i:V L.:'. ,i', a!'•,',i, .t; v+3,,1•d,1il.J, ., ;tlr•". •i t,`, Ail inter'estad person's Wtll take �ioflc"r 'fhtal'on the g2tid �y of June; 1599, the City Commisslon or Mldml Florioa+adopled the Iol�oNmq'tr lied ordinances ' 4 , :J •r S M i r 'ORDINANCE NO, 11806 ti;, }, AN EMEgGENCY ORDINANCE':OF THE iv11AMl"CITY 0, MMISSION, 'ESTABLISHING"A l,NEW §PECIAL' VENUE FUND .ENTITLED.I 1949 WAGES COALITION SUMMER CAMP"'AND APPROPRIATING FUNDSrFOR THE,"' OPERATION OF SAID PROGRAM IN-THEAMOUNJ OF UP I TQ $50,000 CONSISTING OFA GRANT FROM THE DADS 1r , MONROE W, AGES COALITION,',FURTHER AUTHORIZING i ,1'411:1THE, CITY MANfiGER'TQ'L)(ECUTE' THEtNECESS)RY; ; y DO,CUME,NTS,IN.AF0gMACCEPTAF3LETd' HE'CI•TY,AT•' TORNEY AOR T;HE ACCEPTANCE OFSAID GRAN"f CONTAINING A• REPEALER PROVISION LAND "A r SEVERABILITY CLAUSE,,>:AND ' PROVIDING FOR AN l,'! EEFEC7IV,FSIDATE, : o4t +° Gi, DINAiJC[ NO 11867 ' ,'AN EMERC1ENCi, ORI7INANCE�'OF' THE ["IAMl1•CITY ',`� COMMISSION AMENDING'CHAPTER%22 OFTHE OODE;OF ' in '°TiiEiCITY OF MI`AM i"r FLOFjIDA PS,AMENDED,,ENTITLED ` k,, -Y. GARBAGE6ANb,:OTHER• 50L''ID WASTE RELATING TO `.'=THE 'PRQVISI.ON fOF ;t$OL4 WASTE ;•,uSERUIG�S,•;; ,I FACILITIES ANDS;,PROGRA ll\14#12 G�ITY,'OFt'MIPLv1I c"rFLORID'AE PROVIDINq THAT SOLID VyASTE AS5LSS i7:MENT5;CON5tiITUTEIA„LIEN QN ASSESSE'D•`:PROPERTY :.tY' $QU_ L; IN RANK'AND,DIGNITY WITH THE,LIE S OF,AL'L, a "j k` ,+ STAT, ,COUNTY, DISTRICT OR MUNICIPAk rAXS AtSD 'i ASSESSMENTS' AND, SUPEWIOR IiY DIGNITY+ TO ALL,, + OTHER-rTITLES AND,' . (•' CLAIMS`,: PROVIDING I, THAT THE + ,SOLID WASTE ; ASSESSMENTS,:MAY ^BE;'COLLECTED PLRSLfANT TO ':' y ^ 8RCTION$ 197 302'2 ANb 1.57 3835, FLORIDA.STATJTES, y AS AMENDED, ••00F E -OAR-TIGI)LARLY BYE•-AME-NDINL, . SECT,(ON OF 'SAID' CODE; OONT,AINING ` PROVIDING Afflanl further says that the said Miami Dally Business Review Js a newspaper published at Miami In said Dade ( X401, Ocunfy, Florida, and that the said newspaper has heretofore ''' ` been continuously published to sold Dade County, Florida, AN OADINANC each day (except. Saturday, Sunday and Legal Holidays) and AMEN.OINC�, TH has boon entered as second class mall matter at the post O�Mf'REf„iENSI office in Miami In sold Dodo County, Florida, for a perlod of : 'THE LAND US for t preceding the first publication of the attached LOOATED -AT-AP rtisement; and affiant further says that she has 1;OTH ' TORAC nor promised any person, firm or corporation"'�bENSiTY°RESIJ] , rebate commission or refund for the purpose MAKING, FINDIthis a rtisemoht for publ oallon In the said ',AF.FECTEb AG 6 �-'P,ROVISION AN PROVIDING FQR 'AN.-ORblgANO 1 Sworn to and subscribed before me tth I AMENDfNq PACS .LL CITY OF MIAMI • f �CLASSIFiCATION day. of ,.. .,, A.D, 19,..... "` 'DENSITY REST .. C., �� MERCIAtIt1,FORu +%%/ �:8•.e..,..,,. ' �Pf�OXiMA'1•ELY'2 MIAMI, FUORiD'. (SEAL) OFFICIAL NOTARY SEAL j PFRIMETEH R� P�tY A� H MARIVIM 'OFA' TN'E'!t,HLhE SoakieWill) �"t.+ersanal unci t@iiis, GO COMMISSION NUMBER FINDINGS; CONT >f { SEVERABILITY ) � CO545394 !, E�FEC7NEDAT MY COMMiSSION EXPIRES tcOF,Fy0 APR. 12,2000 I t..; - AN CiI�DINAfVC6 AMENDING C, MIAMI, FLORIDA, BEVERAGES; ,• T +RETAIL=•SP.E' 1' L FOR "GENTER• ”"GENTRAL'DESI •TQ; DI$TANC4*_h' ESTABLISHMENT VISiON,AND A SEVEFIABILITY CLAUSE; :AA EFFECTIVE SATE;'AND: PROVIDING IN•THE, 1, CODE.: •O�iDINAN�E.tN,0�11t)OFi +�, ` • EOF.rH5 MIAMI" CITY COMMISSION' E"'I UIURE."LAND `USE MAP.,,,'OF ,. THE ' VE NEIGHSORHOOD PLAN BY:CHANGiNG, ' E "-DESIGNATION1 &1,' THE l':PROPf RTY PROXWATEL�'a2725.2727., SOUTHWEST: E;atMIAMI, :'FLORIDA;Y tFROM',"MEDIUM• • ENTIRE TO'RESTRI,CTED bOMMEROIALI NGS t DIRECTING fiRANSMITT:ALS• TO " ENOIESf G,©NTAININQ 9A: REPi<AL:GR • , [�. •+%{ 'SEVERABILITY t''CUAi.lSE,L'f�Np ;%'•� 3 •Air( EFFECTIVE DATE'N `6 �r ,;; . n •,. ; :. j '09DINANCE, NO 11"0,09 a EMIAMi `GlTY G0N1M15SION ' E N'0'4'0 OF THE ZONING ATLA5 OF THE, ; { FLoRIDA,aBY CHANGING THE ZONING. ' FROM +"R�3' MULTIFAMILY ! I�EDIUM�'�` DEW IAL,, T0, 01 u.RESTRIOrED COM. THE; PROI'ERTYr+ L6CATEDr: AT °AP� j1i, •. 72512727'1 SOUTHWES'T410tF�lrfERRACEt' ;" 1• A; EXCEPT. FOR ' A• ONE. FOO , i(1.')' NNINCa;ALONG T!t,E,WEST,BOUNDAf,3Y Its: DESORIBE(7'°PFiOPEFITY; MAK[NG'+, AINiNG A REPEALER Pi'OViS1dN ANb A.,°` ' CLAUSE, AND PROVIDING•' 'FOR AN' ORDI n vzU --- ” 1 y'OF THE•. MIAMI •CITY GOMMISSIOrN� ' ' PTER+A 6P THS b'ODE OF T'HE 61TY,OF AS AMENDD b:,' N71TLEI): "'ALCOHOLIC O MODIFY •PROVISI,ONS, RELATED ;TO TY CEMfER5 TO &)D A. DEFINITION••'' DESIGN` DISTRiOT ": T0; `INCLUDlt THE. - N DISTRICT'; AS AN•%EXCEPTION AREA '. EC�UIREMEiV"fS,..AND'TO f ERMIT POQD ;I S: AS `SET FORTH, iN SECTION 4.13."' , was introduced by Vice Chairman Gart and seconded by Convrissioner Sanchez, for adoption as an emergency treasure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES., Commissioner Tonus Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr, Vice Chairman Wifredo Cort Chairman J. L, Plummer, Jr. NAYS: None. ABSENT: None, Whereupon tine Commission on motion of Vice Chairman Gort and seconded by Commissioner Sanchez adopted said ordinance by the following vote: AYES: Commissioner Tomas Regalado . Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wfredo Chairman J. L, 'Plummer, Jr. NAYS: None. ABSENT; None, SAID ORDINANCE WAS DESIGNATED ORDINANCE NO, 11806 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public 2.1. EMERGENCY ORDINANCE: AMEND CODE SECTION 22-12 "GARBAGE AND OTHER SOLID WASTE," PROVIDE WHAT ,SOLID WASTE ASSESSMENTS CONSTITUTE A: LIE, N. PROPERTY EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY, DISTRICT, OR NWNICIPAI. TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTMR PRIOR LIENS, MORTGAGES., TITLES, AND CLAIMS; PROVIDING THAT TITS SOLID WASTE ASSESSMENTS MAY BE COLLECTED PURSUANT TO SECTIONS 197,3632 AND 1.97.3635, I'LORiiDA STATUTES (PLACE SOLID WASTE BILLS ON TAX Chamnan Plummer: Item 11. Also, an emergency ordinance requiring a four/fifths vote.. Vice Chairman Gort: Move it: Chairman Plummer: Garbage and other solid waste relating to the solid waste services for the City, Moved by Gort, .Seconded by Teele, Anyone wishing to discuss the item? Item Number J 1, Read the ordinance, Call the roll, 83 June 22, 1999 7' An Ordinance Entitled - AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND OTHER SOLID WASTE," RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES, AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; PROVIDING THAI' SOLID WASTE ASSESSMENTS CONSTI'TUT'E A LIEN ON ASSESSED PROPERTY EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY, DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS; PROVIDING THAT THE SOLID WASTE ASSESSMENTS MAY BE COLLECTED PURSUANT TO SECTIONS 197,3632 AND 197.3635, FLORIDA STATUTES, AS - AMENDED; MORE PARTICULARLY BY AMENDING SECTION 22.12 OF SAID (;ODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE, was introduced by Vice Chairman Govt and seconded by Commissioner Teele, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Tomas Regalado Commissioner Jae Sanchez Commissioner Arthur E, Teele, Jr, Vice Chairman Wifredo, Gort Chairman J. L. Plummer, Jr, NAYS: None, ABSENT: None, Whereupon the Commission on motion of Vice Chairman Gort and seconded by Commissioner Teele, adopted said ordinance by the following.vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sancliez. Commissioner Arthur E. Teele, Jr, Vice Chairman Wifredo Chairman J, L, Plummer, Jr. NAYS:None, ABSENT: None, 84 June 22, 1999 SAID ORDINANCE WAS DESIGNATED ORDINANCE NO, 11807 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public 22. DISCUSS / TABLE CONSIDERATION OF MODEL CITY NET SERVICE ST:4TIOM (See section 9.65) Chairman Plummer As previously .announced, Mr. Teele, I'm going to take tip, at 3 o'clock, tile. Little -- Model Cities NET (Neighborhood Enhancement Team) Office. It's 3 o'clock, sir, and cern offered that would be done at this time. Vice Chairman Gort: It's a companion, Twelve is a companion of 11, Chairman Plummer: Are they the people is 12... Vice Chairman Gort; Twelve is a companion of 11. Chairman Plummer It doesn't so state, Commissioner Teele: Can you do it at 3:10? Chairman Plummer: We said, at 3 p.m„ we'd take up Model Cities NET. Now, do you want to do it now or later? Commissioner Teele: A0:10, Chairman Plummer: Three ten, Commissioner Teele: Are there.people --are there citizens here from the area -oil that item? Chairman Plummer: Is there anyone here that's here for the purposes of Item 35, the Model Cities NET Office Presentation? Mr, Paekingham is here, All right, You can wait 1'0 minutes? So be it, 23, APPROVE INTERGOVERNMENTAL COOPERATION AGREEMENT, WHICH REOM, TS AND AUTHO=ES THE PROPERTY APPRAISER TO INCLUDE THE CITY OF MIAMI NON -AD VALOREM ASSESSMENTS FOR FIRE -RESCUE SERVICES AND FACILITIES AND SOLID WASTE SERVICES AND FACILITIES ON THE "NOTICE OF PROPOSED PROPERTY TAXES AND PROPOSED OR ADOPTER NON -AD VALOREM Chairman Plummer: All right, Item 12, Vice Chairman Gort: Move it. I Chairman Plummer: Item :12 is a resolution on the Fire -.Rescue Service and Solid Waste Services and :for the Trim Notice, Now, let's get down to brass tax. Is this the Trim Notice predicated on what stipulated 1 1 85 ,lune 22, 1999 I . f