O-2019-08ORDINANCE NO. 2019-08
2 AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, FLORIDA
3 PROVIDING FOR THE LEVY AND COLLECTION OF NON-AD VALOREM ASSESSMENTS
4 FOR SOLID WASTE COLLECTION AND DISPOSAL SERVICES; PROVIDING FOR AN
5 INCREASE IN THE LEVY AND COLLECTION OF NON-AD VALOREM ASSESSMENTS;
6 PROVIDING FOR THE CONTINUATION OF THE ASSESSMENTS FROM YEAR TO YEAR;
7 PROVIDING FOR CERTIFICATION OF THE SOLID WASTE COLLECTION NON -AD
8 VALOREM ASSESSMENT USING THE UNIFORM TAX BILL COLLECTION METHOD;
9 PROVIDING FOR AMENDMENTS TO CHAPTER 9 "GARBAGE AND TRASH ", ARTICLE III,
10 SECTION 9-42 "SCHEDULE" OF THE VILLAGE CODE OF ORDINANCES; PROVIDING
11 FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
12 WHEREAS, pursuant to Article VI 11, section 2(b) of the State Constitution, Section 166.021, Florida
13 Statutes, Section 197.3632, Florida Statutes and the Miami Shores Village Code of Ordinances, the Miami
14 Shores Village (the "Village ") Council ( "the Council ") has the power and statutory authority to levy and
15 collect non -ad valorem assessments for the purposes of funding solid waste collection and disposal
16 services; and,
17 WHEREAS, pursuant to Chapter 166, Florida Statutes and the Village Code of Ordinances, the
18 Council has statutory authority to adopt ordinances updating and modifying the methodology by which the
19 Council determines an equitable and fair method of apportioning non -ad valorem assessments among all
20 specially benefitted, non -exempt properties and adjusting non -ad valorem assessments accordingly; and,
21 WHEREAS, solid waste collection non - valorem assessments provide funding for solid waste
22 collection and disposal services to allow the Village to provide proper, safe, and cost effective disposal of
23 solid waste generated on or disposed at all non - exempt residential and non - residential property within the
24 Village; and,
25 WHEREAS, all non - exempt residential and non - residential property within the Village is specially
26 benefitted by the Village's provision of solid waste collection and disposal services in that the property
27 values are enhanced as a result of Village -wide collection and disposal of solid waste due to the
28 elimination of health hazards, the promotion of cleanliness and safety, and aesthetics; and
29 WHEREAS, Public Resources Management Group, Inc. ( "PRMG ") is a national consulting firm
30 retained by the Village which specializes in developing methodologies that apportion non -ad valorem
31 assessments, Impact fees, and other charges authorized by Florida law that are fair and equitable to the
32 owners of benefitted properties that are to be assessed for the provision of public services and facilities by
33 local government; and,
34 WHEREAS, PRMG has prepared the "2019 Solid Waste Rate Study" dated May 28, 2019,
35 adopted and incorporated herein as Exhibit #1, providing a methodology for equitable
36 apportionment of non -ad valorem collection assessments to benefitted, non - exempt residential
37 and non - residential properties within the Village based upon the land use of the parcel and the number
38 of solid waste containers to be collected from each parcel; and,
I WHEREAS, the 2019 Solid Waste Rate Study finds that the Village's existing rates for solid
2 waste collection services are not anticipated to be sufficient to recover the projected costs from fiscal year
3 2019 to fiscal year 2028 (the Study Period ") and recommends rate increases of fifteen percent (15 %) per
4 year for Fiscal Year 2020 and Fiscal Year 2021 followed by rate increases of three percent (3 %) per year
5 for Fiscal Years 2022 through 2028 for non -ad valorem assessments for solid waste collection services
6 currently charged on non - exempt residential and non - residential properties with the Village; and,
7 WHEREAS, the benefits received by non - exempt residential and non - residential
8 properties within the Village will exceed the amount of the proposed solid waste collection non -
9 ad valorem assessments for all classes of benefitted properties.
10 NOW THEREFORE BE IT ORDERED AND APPROVED BY THE MIAMI SHORES
11 VILLAGE COUNCIL THAT:
12 Section 1. Chapter 6, Article III, Section 9 -42. — "Schedule" of the Village Code of
13 Ordinances is hereby repealed and readopted, as revised providing that Section 9 -42. —
14 "Schedule" shall hereafter read as follows:
15 Sec. 9 -42. — Schedule.
16 Commencing with the Miami -Dade County ad valorem tax billings generated in
17 November, 2019, each person, firm, corporation, partnership or other legal entity who is
18 the owner of each lot, tract, or parcel of land, having a residential unit or commercial
19 establishment situate thereon, in any area in the village where waste collection service is
20 provided by or available from the village, shall pay in accordance with section 9 -43, the
21 following special assessment fees for residential and commercial refuse collection:
22 (1) Residence ..... $ 811.36
23 a. Auxiliary living unit (one 30- gallon can) ..... $431.25
24 (2) Duplexes, per unit ..... $811.36
25 (3) Apartment rentals, condominiums and co -ops (each 30- gallon can per unit)
26 $431.25
27 a. Garbage and trash (two 30- gallon cans daily) ..... $1,449.00
28 Each additional can \$724.50
29 b. One one -yard container (twice weekly) ..... $2,897.83
30 One one -yard container (daily) \$5,795.71.
31 One one -yard container (once weekly) \$1,448.89
32 c. One two -yard container (twice weekly) ..... $3,868.03
0)
I One two -yard container (daily) \$7,769.40
2 One two -yard container (once weekly) \$1,934.01
3 (4) Hotels and motels, no cooking facilities:
4 a. One to four units (maximum of one 30- gallon can per two units) or container
5 rates as above ..... $483.00
6 (5) Commercial:
7 a. Garbage and trash (one 30- gallon can twice weekly) ..... $196.59
8 b. Garbage and trash (two 30- gallon cans twice weekly) ..... $393.13
9 Each additional can \$196.59
10 c. Garbage and trash (two 30- gallon cans daily) ..... $1,179.33
11 Each additional can \$589.66
12 d. One one -yard container (twice weekly) ..... $2,358.65
13 One one -yard container (daily) \$4,717.30
14 One one -yard container (once weekly) \$1,179.33
15 e. One two -yard container (twice weekly) ..... $3,148.30
16 One two -yard container (daily) \$6,323.85
17 One two -yard container (once weekly) \$1,574.18
18 f. Surgical and pathological waste (not collected by village)
19 g. Construction debris (not collected by village)
PQ
Commencing with the Miami -Dade County ad valorem tax billings generated in November,
2020, the special assessment fees for residential, hotel and motel, and commercial refuse
collection described above shall increase at a rate not to exceed fifteen percent (15 %). Thereafter,
commencing with the Miami -Dade County ad valorem tax billings generated in November,
2021 until the Miami -Dade County ad valorem tax billings generated in November 2028,
the special assessment fees for residential, hotel and motel, and commercial refuse
collection described above shall increase annually at a rate not to exceed three percent (3 %).
Section 3. All ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
3
Section 4. Should any section or provision of this Ordinance or any portion thereof,
any paragraph sentence, or work be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 5. This Ordinance shall become effective upon adoption on second and final
reading.
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PASSED on first reading, this 2nd day of July 2019.
PASSED AND ADOPTED ON second and final reading, this 16' day of July 2019.
ATTEST
Ysabely Rod g ez, MP , CMC,
Village Cler
APPROVED AS TO FORM:
Richard Sarafan,
Village Attorney
FINAL VOTES AT ADOPTION
Council Member Sean Brady
Yes
Council Member Stephen Loffredc
IVo
Council Member Jonathan Meltz
Yes
Vice -Mayor Al ice Burch
Yes
Mayor Crystal Wagar
Yes