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Home My WebLink AboutR-16-0392Vop City of Miami '"* Legislation < U R �O Resolution: R-16-0392 File Number: 16-01195 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 9/6/2016 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFTER 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 PROPERTIES LOCATED WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016; 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, and Ordinance No. 13531, adopted July 9, 2015, which amended Chapter 22 of the Code of the City of Miami, Florida (the "City Code"), City Commission Resolution No. R-16-0323, adopted July 14, 2016 (which constitutes the "Preliminary Assessment Resolution" and the "Initial Assessment Resolution", attached and incorporated as "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 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 on Sunday, August 14, 2016, as set forth in Appendix B, attached and incorporated as Proof of Publication, and such public hearing has occurred earlier today on September 6, 2016. 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, as amended, 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, (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 and on file with the Office of the City Clerk 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, City of Miand Page I of 3 File Id. 16-01195 (Version: 1) Printed On: 5/21/2018 File Number: 16-01195 Enactment Number: R-16-0392 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, 2016, the approximate Solid Waste Assessment to be assessed is $26.0 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, 2016, are established as follows: RESIDENTIAL: Rate $380.00 PROPERTY USE: Dwelling Unit CATEGORIES: Single Family, three (3) units dwelling, 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 beginning October 1, 2016. (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 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 Miami -Dade County 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 (a) has published with the City Clerk for the previous Fiscal Year ended September 30, 2015, a notice of "Full Cost Accounting for Solid Waste Management" attached as Appendix D, and (b) shall publish with the City Clerk for the current Fiscal Year ending September City of Miand Page 2 of 3 File Id. 16-01195 (Version: 1) Printed On: 5/21/2018 File Number: 16-01195 Enactment Number: R-16-0392 30, 2016, 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 } 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. City of Miami Page 3 of 3 File Id. 16-01195 (Version: 1) Printed On: 5/21/2018