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R-2020-09RESOLUTION NO.2020 -09 2 A RESOLUTION OF THE VILLAGE COUNCIL OF MIAMI 3 SHORES VILLAGE, FLORIDA, PROVIDING FOR CERTAIN 4 INCREASES IN THE SCHEDULE OF NON-AD VALOREM 5 ASSESSMENTS FOR THE PROVISION OF SOLID WASTE 6 COLLECTION AND DISPOSAL SERVICES WITHIN THE 7 VILLAGE; PROVIDING FOR CONFLICTS; PROVIDING FOR 8 SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 9 WHEREAS, pursuant to Article VIII, Section 2(b) of the State Constitution, Section io 166.021, Florida Statutes, and Section 197.3632 Florida Statutes, the Miami Shores ii Village (the "Village ") Council (the "Council's has the power and statutory authority to levy 12 and collect non-ad valorem assessments for purposes of funding solid waste collection 13 and disposal services; and 14 WHEREAS, the Village Council adopted Ordinance 2019 -08 on July 16, 2019 15 amending Chapter 6, Article III, Section 9-42 of the Village Code of Ordinances 16 establishing a revised schedule of non-ad valorem assessments for solid waste collection 17 and disposal services for all non - exempt commercial or residential parcels within the 18 Village; and 19 WHEREAS, the Section 942 fee schedule adopted by Ordinance 2019 -08 states: 20 Commencing with the Miami -Dade County ad valorem tax billings 21 generated in November 2020, the special assessment fees for 22 residential, hotel and motel, and commercial refuse collection 23 described above shall increase at a rate not to exceed fifteen 24 percent (15%). Thereafter, commencing with the Miami -Dade 25 county ad valorem tax billings generated in November 2021, until 26 the Miami -Dade County ad valorem tax billings in November 2028, 27 the special assessment fees for residential, hotel and motel, and 28 commercial refuse collection described above shall increase 29 annually at a rate not to exceed three percent (3 %). 30 NOW THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF MIAMI 31 SHORES VILLAGE, FLORIDA: 32 SECTION 1. SOLID WASTE COLLECTION AND DISPOSAL NON -AD VALOREM 33 ASSESSMENT ADJUSTMENT 34 A. As authorized by Ordinance 2019 -08 for fiscal year 2020/2021, non -ad 35 valorem assessments for solid waste collection and disposal services for all 36 non - exempt residential, hotel, motel and commercial properties within the 37 Village shall be increased by ten percent (10 %). 38 1 1 SECTIION 2 CONFLICTS 2 A. If there is any conflict between the provisions of this Resolution and any 3 other resolution or ordinance or portion thereof, the provisions of this 4 Resolution shall prevail to the extent of any conflict. 5 SECTION 3. SEVERABILITY 6 A. If any section, subsection, clause, phrase or portion this Resolution is for 7 any reason held invalid or unconstitutional by any court of competent s jurisdiction, such portion shall be deemed a separate, distinct and 4 independent provision and such holding shall not affect the validity of the 10 remaining portions of this Resolution. 11 SECTION 4. EFFECTIVE DATE 12 A. This Resolution shall take effect upon approval by the Miami Shores Village 13 Council. 14 PASSED AND ADOPTED on this 19th day of May, 2020. 15 ATTEST f 16 4 17 - Ysabely Rod 18 \411age Clerk APPROVED TO FOR,-,'- F, 21 Richard Sarafan; Village ATrney 22 23 FINAL VGTE S AT ADO PTI Q N Council rvlember Sean Brady Yes Coundl rMlember Stephen Loffredo Yes Coundl rvl ember Jonathan lVleltz Yes Vice -M ay or .Alice Burch Yes lvlayor Crystal Wagar Yes 2