BH.18 - Impose Solid Waste Assessments

NOW,THEREFORE,BEITRESOLVEDBYTHECOMMISSIONOFTHECITYOF MIAMI, FLORIDA:

Section 1. This Resolution is adopted pursuant to the provisions of Chapter 22 of the Code of the City of Miami, Florida, as amended ("City Code"); Resolution No. R-26-0285 adopted June 25, 2026 (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 all other applicable provisions of law. The Initial Assessment Resolution authorized the City Manager to publish notice of the required public hearingpursuanttoSection197.3632(4)(b),FloridaStatutes,atleasttwenty(20)daysbefore therequiredpublichearing.Suchpublichearingnoticewaspublishedasoutlined inAppendix “B,” attached and incorporated.

Section2.ThisResolutionconstitutestheAnnualRateResolution.Allcapitalizedwords and terms not otherwise defined herein shall have the meanings set forth in Chapter 22 of the City Code and the Initial Assessment Resolution.

Section3.ProvisionandfundingofSolidWasteServices.

(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,andprogramsdescribedorreferencedintheInitialAssessmentResolutionin 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 theOfficeoftheCityClerk, availableforinspectionthroughtheOfficeoftheCityClerkfortheabove 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 providedand a legislative determination that the Solid Waste Assessments are fairlyand reasonably apportionedamongtheresidentialpropertiesthatreceivethespecialbenefit assetforth inthe Initial Assessment Resolution.

(B)The method of computing Solid Waste Assessments described or referenced in the Initial Assessment Resolution is approved.

(C)FortheFiscalYearbeginningOctober1,2026,andendingSeptember30, 2027 (“Fiscal Year”), the approximate Solid Waste Assessment to be assessed is $24.500 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 as follows:

RESIDENTIAL:Rate$380.00

Rate $76.00 each additional container

PROPERTYUSE:DwellingUnit

CATEGORIES:Single Family, three (3)dwelling units, and certain other

ResidentialUnitshistoricallyallowedtobeassessedunderSection22-16oftheCity

Code

The above assessment rates are approved. Solid Waste Assessments for Solid Waste services, facilities, and programs in the amounts set forth in the updated Assessment Roll,ashereinapproved,areleviedandimposedonallparcelsofAssessedPropertydescribed 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)TheAssessmentRoll,ashereinapproved,togetherwiththecorrectionofany 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 accompanythe Assessment Roll delivered to the Tax Collector pursuant to Section 197.3632(5)(a), Florida Statutes.

Section4.TheInitialAssessmentResolutionisherebyconfirmed.

Section5.TheadoptionofthisAnnualRateResolutionshallbethefinaladjudicationof 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 tosecure relief within twenty (20) days from the date of this Annual Rate Resolution.

Section6.PursuanttoSection403.7049,FloridaStatutes,andFloridaAdministrative Code Chapter 62-708, the City Manager has published with the City Clerk for the previous Fiscal Year ended September 30, 2025, 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 AccountingforSolidWasteManagement"oncesuchactualcostinformationbecomesavailable.

Section7.ThisResolutionshallbecomeeffectiveimmediatelyuponitsadoptionand signature of the Mayor [.1](file:///C:/Users/mbetancourt/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/L4I0P4BR/Legislation%20FY%202026-27.docx#_bookmark0)

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