HomeMy WebLinkAboutR-17-0444opCity of Miami
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Legislation
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Resolution R-17-0444
File Number: 2810
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/19/2017
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, 2017 AND ENDING SEPTEMBER 30,2018;
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; Ordinance No. 13531, adopted
July 9, 2015; Ordinance No. 13693, adopted July 13, 2017, which amended Chapter 22 of the
Code of the City of Miami, Florida, as amended ("City Code"); Resolution No. 17-0321, adopted
July 13, 2017 (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 13, 2017, as set forth in
"Appendix B", attached and incorporated as Proof of Publication, and such public hearing has
occurred earlier today on September 14, 2017.
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
hereby, 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, available for inspection at 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, Ordinance Nos. 11807, 13531, and
13693, 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
City of Miami Page 1 of 3 File ID: 2810 (Revision:) Printed On: 12/18/2017
File ID: 2810 Enactment Number: R-17-0444
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, 2017 and ending September 30, 2018, the
approximate Solid Waste Assessment to be assessed is $25.953 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 beginning October 1, 2017 and ending September 30, 2018 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 are
herein approved, levied, and imposed on all parcels of Assessed Property described in such
Assessment Roll for the Fiscal Year beginning October 1, 2017 and ending September 30,
2018.
(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, and 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 Nos. 11807, 13531, and 13693 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 Nos. 11807, 13531, and 13693 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)(x), 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, 2016 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 30, 2017 a 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: 2810 (Revision:) Printed on: 12/18/2017
File ID: 2810
Enactment Number: R-17-0444
Section 7. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
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' 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: 2810 (Revision:) Printed on: 1211812017