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HomeMy WebLinkAboutR-96-03591 J-96-452 5/23/96 96- 359 RESOLUTION NO. A RESOLUTION AMENDING SECTION 2 OF RESOLUTION NO. 96-278, ADOPTED APRIL 25, 1996, WHICH SCHEDULED A PUBLIC HEARING FOR MAY 23, 1996, AT 4:30 P.M., TO TAKE TESTIMONY REGARDING THE EXTENSION OF THE TERM OF THE FLAGLER/CORE AREA SECURITY DISTRICT SPECIAL IMPROVEMENT DISTRICT FOR A ONE YEAR PERIOD WHICH WAS INITIATED BY RESOLUTION NO. 96-358, ADOPTED MAY 23, 1996 PURSUANT TO MOTION 96-50, ADOPTED JANUARY 25, 1996; PROVIDING THAT AT SUCH TIME ALL PROPERTY OWNERS OR ANY OTHER PERSONS INTERESTED THEREIN MAY APPEAR BEFORE THE CITY COMMISSION AND BE HEARD AS TO THE PROPRIETY, ADVISABILITY AND COST OF MAKING SUCH IMPROVEMENTS AGAINST EACH PROPERTY SO IMPROVED; THEREBY PROVIDING THAT SAID PUBLIC HEARING BE RESCHEDULED TO JUNE 13, 1996 AT 4:30 P.M. WHEREAS, Chapter 170, Florida Statutes (1989), allows municipalities in Home Rule Charter counties to levy and collect special assessments against property benefited for the purpose of stabilizing and improving retail or wholesale business districts, or nationally recognized historic districts, or combinations thereof, through promotion, management, marketing and other similar services in business districts of the municipality; and WHEREAS, on June 7, 1989, pursuant to Resolution No. 89-548, the City Commission declared the Flagler/Core Area Security District to be a Special Improvement District for the provision L �ISSION 7G OF 3 )g96 onNo. 359 of the above specified services in accordance with applicable provisions of Chapter 170, Florida Statutes, as amended; and WHEREAS, pursuant to Resolution No. 89-828, adopted September 14, 1989, the Miami City Commission confirmed the establishment of the Flagler/Core Area Security District Special Improvement District, providing enhanced street maintenance and similar services in the Downtown Central Business district; and WHEREAS, the established District has been extended by one-year terms pursuant to Resolution Nos. 91-292, 92-249, 92-473, 93-127, 94-77, 95-102, and 96-358; and WHEREAS, Section 170.07 of the Florida Statutes requires that a public hearing be held to hear the testimony of all property owners to be assessed and any other interested parties pertaining to the propriety and advisability of making such improvements, the cost thereof, the manner of payment therefor, and the amount thereof to be assessed against each property so improved within the Flagler/Core Area Security District Special Improvement District; and i WHEREAS, Section 170.08 of the Florida Statutes states thpt all final considerations for the special assessment will be given after hearing testimony from the affected property owners as to making the improvements and funding them with special assessments, and further states that following testimony, the Miami City Commission shall make a final decision on whether to levy the special assessments, and if approved, a final assessment roll shall be filed with the City of Miami Clerk's Office and such assessments shall stand confirmed; and 2- 96- 359 F I WHEREAS, a preliminary assessment roll has been completed j and filed of records with the City Clerk; and I WHEREAS, pursuant to Resolution No. 96-278, adopted April 25, 1996 a Public Hearing was scheduled for May 23, 1996 to take testimony concerning the hereinabove matters; and WHEREAS, it is necessary to amend said Resolution to reschedule said Public Hearing to June 13, 1996 at 4:30 P.M.; i NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Section 2 of Resolution No. 96-278, adopted April 25, 1996, is hereby amended in the following particulars': "Section 2. A public hearing is hereby scheduled to take place before the Miami City Commission in the City Commission Chambers, City Hall, Dinner Key, 3500 Pan American Drive, Miami, Florida, May 2-3, June 13, 1996, at 4:30 P.M. for the purpose of taking testimony regarding the extension of the term of the Flagler/Core Area Security District Special Improvement District for a one year period, which was initiated by ,,ese tits- _ Motion No. 96-50, adopted January 25, 1996, and Resolution No. 96-358, adopted May 23, 1996." 1 The dale stricken through shall be replaced by the date underlined. The remaining provisions arc now in effect and remain unchanged. 3- 96- 359 F Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 23rd day of, ,_' May 1996. SC%STEPHEN P. CLARK, MAYOR ATTEST• WALTER FOEMAN CITY CLERK PREPARED AND APPROVED BY: OLG RAMIREZ-S' JA ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: j I` d CITY ATTORNEYS OFFHE 1K:Ali i, rL CITY OF MIAMI. FLORIOA INTER -OFFICE MEMORANDUl41 69 The Honorable Mavor and Members _ May 15, 1996 of the City Commission-- Sue,EC` FLAGLER CORE SECURITY SPECIAL BIPROVEMENT DISTRICT sac<t. Cesar REFEFENCES. City ENCLOSURES RECOMMENDATION, It is respectively recommended that the City Commission adopt the attached Resolutions: (1) extending the term of the Flagler Core Security Special Improvement District for one (1) year commencing February 9, 1996, and (2) rescheduling the Public Hearing to confirm the extension of the term of the District for June 13, 1996. RACKQRQt ND The Flagler Core Area Security Special Tmprovement District was established in 1989, pursuant to Resolution No. 89-548 adopted by the City Commission on June 7, 1989. At the request of the District's property owners, the District has been extended each year since its establishment. On January 25, 1996, the Commission adopted Motion No. 96-50 granting a request trade on behalf of the District to draft a Resolution to extend the term of the District for another year. The Resolution, in the form attached, was drafted for consideration at the March 26, 1996 City Commission meeting. At the March 26, 1996 meeting, however, an error was made and the Resolution that was introduced was a confimnation of Resolution No. 89-828 (confirming the initial district) instead of the attached Resolution (extending the District for one (1) additional year commencing on R:ebmary 9, 1996). Accordingly, it is necessary to submit the attached Resolution for Commission consideration as provided in Motion 96-50; adopted by the Commission on January 25, 1996. If this Resolution is adopted, then the establishment of the astnet for one (1) more year must be submitted to a Public Hearing. The Public Hearing was originally scheduled for May 23rd. A Resolution rescheduling the Public Hearing for June 13, 1996 is also attached. Attachments CKMI i nMEMO.Wc 96- 359 1