HomeMy WebLinkAboutR-82-0805A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI AUTHORIZING THE BOARD OF COUNTY
COMMISSIONERS OF DADE COUNTY, FLORIDA, TO ES-
TABLIS11 A FIFTEEN (15) YEAR NON -AD VALOREM
SPECIAL ASSESSMENT PROJECT AREA FOR THE DOWN-
TOWN COMPONENT OF METRORAIL (DCM); STIPULATING '
RATES AND NET PROCEEDS; AND PRESCRIBING PRO-
JECT AREA BOUNDARIES.
WHEREAS, the Charter of Metropolitan Dade County,
Florida, has empowered the Board of County Commissioners of
Dade County, Florida, with the exclusive authority to create
and establish taxing and assessment districts and projects
within Metropolitan Dade County; and
WHEREAS, the Laws of Florida and the Code of Metropoli-
tan Dade County, Florida, require the governing body of a
municipality to approve the creation of a special taxing dis-
trict or project if said district or project lies within the
geographical or territorial limits of the municipality; and
WHEREAS, Dade County has a duty to provide for the
health, safety, welfare and general comfort of its citizens;
and
WHEREAS, the downtown area of the City of Miami is a
center for commerce, trade and tourism; and
WHEREAS, certain merchants and business persons have
also expressed a need and desire to facilitate the orderly
movement of people and traffic along the City's streets and
ways by the establishment of a modern transportation system;
and
WHEREAS, the City finds and determines a need for
rendering financial assistance to the development of a modern
transportation system to provide the orderly movement of
pedestrian and vehicular traffic upon its streets and ways;
CITY COMMISSION
f
ME -TiNG OF
( S L. P 9 1982
82 b 5
itEN< u=N Na......-.......�::n.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. That with regard to approving creation of a
Special Assessment Project Area (Project Area) for the Downtown
Component of METRORAIL entirely within the City of Miami, the
City Commission hereby approves the creation of said Project Area
pursuant to Section 18-2 of the Dade County Code, with such ap-
proval to become effective only upon the County Commission's
amending the Ordinance creating the Special Assessment Project
Area to provide that houses of worship, including their ancillary
uses of a noncommercial nature within the Project Area, be exempt
from the levy of Special Assessments imposed by the said Ordinance.
Section 2. The Board of County Commissioners of Dade County,
Florida, is hereby authorized and urged to levy said fifteen (15)
year non -ad valorem based assessment at the rate of 29 cents per
square foot of net leasable square feet located in the Project
Area to support and carry an issue of revenue bonds sufficient to
net $20,000,000 to be used for the development of the Downtown
Component of METRORAIL, as the County Commission may determine.
Section 3. The boundaries of the said Special Assessment
Project Area shall be described generally as set forth in the
schedule attached hereto, designated Exhibit "A" and made a part
hereof.
PASSED AND ADOPTED this 9 day of SEPTEMBER , 1982.
MAURICE A. FERRE
M A Y O R
TEST:
RAIK G. ONGIE, CITY CLERK
PREP D AND APPROVED BY:
7'' �.
JOEL E. MAXWELL
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
I
E R. GARCIA-PEDROSA
TY ATTORNEY
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Special Assessment Project A1rea for Downtown Component of METRORAIL
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�• DENOTES SOUNOARY 0/ THIS PROJECT
PROP03E0 STATION
PROPOSED ROUTE OR ALIGNMENT
Howard V. Gary
City Manager
Jim Reid
Assistant City Manager r1j"00e
Background
September 1, 1982 -
Resolution Approving Creation
of a Downtown Component of
Metrorail Special Assessment e
Project Area
(City Commission Meeting of
September 9, 1982)
It is recommended that the Citv
Commission adopt a resolution
authorizing the creation of a
special assessment project area
for the Downtown Component of
Metrorail to permit timely con-
struction of the Downtown Component
of Metrorail 1.9 mile loop.
In September, 1979 the Miami City Commission agreed to provide up
to $9.9 million for the construction of the Downtown Component of
Metrorail (DCM) as part of a total project cost estimated at
$178 million for the 1.9 mile Downtown loop and legs to the
Brickell and Omni areas (the latest cost estimates place the
cost of the loop alone at $116 million).
In April, 1981-Urban Mass Transit Administration Administrator,
Arthur Teele, indicated that only $19 million would be available
for the loop and not the $64 million anticipated. lie suggested
that the private sector should io more to support construction of
the DCM. In May, 1981 a privat sector financing task force, chaired
by Alexander McWhorter Wolfe of the Southeast First National Bank of
Miami and including the Mayor and City Manager, was formed to look
into mechanisms for private sector investment. In September, 1981
this task force supported the creation of a special assessment dis-
trict to fund the DCTI. Subsea_uently, in October, 1981, primarily
because of the private sector commitment, the Urban Mass Transit
Administration reversed its position and authorized $64 million in
funding for the construction of the Downtown loop.
Analysis
On July 23, 1982 the Dade County Commission, in accordance with
Article I, Chapter 18 of the Dade County Code, authorized the
establishment of a "special assessment project area for the Down-
82-805
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Air. Howard V. Gary
-2- September 1, 1982
town Component of Metrorail". Based on a project budget of
$86,066,927, it is anticipated that $20 million in proceeds
from special assessment project area revenue bonds will be
required to carry out the project. The assessment would be
made on the basis of net leasable square footage. All properties
within the project area, including Dade County, the City of Miami
and all institutional properties that carry a tax exempt status
would pay an annual assessment over the 15 year life of the revenue
bonds. It is estimated that the average assessment will be 15fi per
sq. ft. over the 15 year period with the actual assessment per year
to be determined after the sale of bonds and the actual amount of
net leasable square footage is estimated. It is anticipated that
the assessment will be levied in the 1983 fiscal year and the bond
sale will occur in the Spring or Fall of 1983. The proposed bond
issue will only be used to pay for the construction related cost of
the project. The following information is attached for your review:
- Exhibit A
(Map of special assessment project area for the
Downtown Component of Metrorail)
- Exhibit B
(County Manager's memo to the County Mayor and
Dade County Board of Commissioners)
Exhibit C
(Report prepared by Dade County Transportation
Coordinator Warren Higgins recommending establishment of the special assessment project)
-
- Exhibit D
(Copy of the ordinance as enacted by Dade County)
- Exhibit E
(Copy of the transmittal memo and resolution recommended
for approval by the City Commission)
Under the County Code, the text of the ordinance is approved by the Board
of County Commissioners and the affected municipality must approve
the application of the ordinance within its boundaries. Essentially,
the City Commission will be voting on the application of the ordinance
rather than the text of the ordinance itself.
The special assessment project as proposed represents a viable,
equitable and consistent methodology for providing, private sector
funding for the Downtown Component of Metrorail. It is recommended,
therefore, that the City Commission enact a resolution permitting the
application of the ordinance within the special assessment project
area for the Downtown Ccmponent of Metrorail.
M 82-805
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M E M O R A N D U M
TO: THE BOARD OF COUNTY COMMISSIONERS
FROM: ROBERT N. SECHEN, ATTORNEY FOR:
The Republic National Bank Building
The First National Bank Building
The Downtown Center
DATE: July 23, 1982
_ RE: Special Assessment Project for the Downtown Component of
Metrorail
There is a responsibility to build a public transporta-
tion system that is based upon a legitimate public need and
necessity. The public and the community which it serves, should
pay for it. The Board of County Commissioners is empowered with
the authority necessary to accomplish this awsome task of
allocating those costs of necessary improvements to the community
and public. There is no more delicate or responsible duty imposed
upon the Board than that of appraising benefits and laying
assessments for public improvements.
Many elements enter into the question of,determining and
prorating benefits in the case of the Downtown Component of
Metrorail. They are physical conditions, age, nearness to or
remoteness from the business districts, proximity to Metro Rail
Stations, desirable and undesirable commercial locations and many
other conditions particular to the locality benefitted.
No system of appraising benefits or assessing costs has
yet been devised that is not open to some criticism. None has
obtained the ideal position of exact equality. But if the Board
would bear in mind that benefits actually accruing to the property
improved, in addition to those received by the community at large,
must control both benefits prorated and the limit of assessments
for cost improvements, the system employed would be as near the
ideal as it is humanly possible to make it.
The Board of County Commissioners must assure that it
does not force expensive improvements upon a few property owners,
against their consent, and impel them to pay the entire expense,
under the delusive pretense of a corresponding specific benefit
conferred upon their property. This is a species of despotism
that ought not to be perpetuated under a government which claims
SMITH A MANDLER. P. A., ATTORNEYS AT LAW. 1111 LINCOLN ROAD MALL. MIAMI BEACH. FLORIDA 33139 8 2j - 8 0 rJ
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to protect property equally with life and liberty. Besides its
manifest injustice, it would deprive the Dade County taxpaying
property owner practically all of the principal protections
against unjust taxation.
Where property is specifically benefitted, the Board is
empowered to impose the entire reasonable and proper cost of the
improvement upon such property even though a secondary or
incidental benefit may result to the public or others. If,
however, the situation is reversed, and the incidental benefit
results to the property improved and the primary benefit to the
public, to require the property to bear the entire expense would
amount to an arbitrary and unwarranted servitude which should not
and cannot be imposed. The Board of County Commissioners of Dade
County has before it an issue in which it will be forced to
decide, based solely on the Board's concept of equity and the
evidence before it, who will ultimately bear the burden of the
"PEOPLE MOVER". Already invested in the project are millions of
federal, state and local dollars. A further commitment has
already been made by the business community as represented by the
Private Sector Task Force on the Downtown Component of Metrorail.
The question before the Board of County Commissioners now
is how this commitment by the public sector to commit funds to the
project will be allocated amongst those who would be most bene-
fitted by the People Mover. The original recommendation of the
Downtown Component of Metrorail Private Sector Task Force which
was given to the Board for consideration in passing Resolution No.
R-1482-81 on October 6, 1981, endorsing the concept of estab-
lishing a special assessment district in Downtown Miami in support
of the Downtown component of the Metrorail project, specifically
required that special assessments be levied on a non ad valorem
basis. At the time the resolution did not contain a recommen-
dation that the county employ net leaseable square feet as the
primary basis for allocation of the bond repayment costs. It must
also be noted that the draft resolution before the Miami Chamber
of Commerce that was discussed at the New World Center Action
Committee of the Greater Miami Chamber of Commerce did not, in any
form, endorse the idea of allocation of the special assessment on
a net leaseable square foot basis. The first resolution passed
remains entirely mute on the subject and the second resolution
merely states that a maximum amount per net leaseable square foot
should not be exceeded. Thus, the Board does not have before it
any consensus recommendation of the public sector endorsing the
employment of net leaseable square feet as the primary basis for
allocation of the bond repayment costs.
Specifically, the recommendation comes from Warren J.
Higgins, Transportation Coordinator in his memorandum to County
Manager, M. R. Stierheim on Page #5 where he suggests that the
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SMITH a MANDLER. P. A.. ATTORNEYS AT LAW. II11 LINCOLN ROAD MALL. MIAMI BEACH, FLORIDA 33139
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employment of net leaseable square feet meets the criteria of the
task force. That is, it is a special assessment on a non ad
valorem basis.
Despite the fact that.there is no consensus on record
from the public sector supporting the use of net leaseable square
feet as the primary basis of the bond repayment costs, of
importance to the Board is whether the assessment utilized will
assess properties specifically benefitted by the improvement in
proportion to the benefits to be derived. The formula employing
net leasable square feet as the primary basis for allocation does
not stand up to this criteria.
The Downtown Development Authority estimates by the year
2000 the supply of commercial space within the People Mover
service area will double. But in the report prepared for the
Miami Downtown Development Authority by Robert J. Harmon and
Associates, Inc., a finding was made that "commercial building
owners will realize at least five million in annual premium office
and retail lease revenues by the year 1990." (II.5). There is
nothing in the record before this Board that asserts that the
premium in the benefit will accrue to the older building owners
rather than to those properties which are currently in
development. The Board must find, to withstand legal challenges,
that the property owners who will be paying the assessments would
be the ones that would be benefitted by the project in excess of
the cost to them. In fact, in one of the Harmon reports he
states, "an economic case can be made for distinquishing between
new development and existing commercial buildings." (Funding
Instrument Profile (3)).
In the report of the County Manager to this Board, he
cites from the report of Mr. Higgins that claims "monetary gains
from the DCM System's operation in the form of premium rents,
higher occupancy rates, ...". Even the Harmon report, in its
thorough analysis of this issue never came to the conclusion that
higher occupancy rates than are now in existence would be a result
of the DCM System's operation. This is especially true in light
of the development which is taking place in the Downtown area in
and around the People Mover Stations. This development with the
natural effect of dumping large quantities of office space on the
Downtown Miami market will, of course, have a tremendously detri-
mental affect upon those properties already in existence; and it
is in fact, those properties which would be subject to the special
assessment.
It is always the concern of the Board to have any assess-
ment or tax not be unduly burdensome to any party or group. The
employment of net leaseable square feet as the primary basis for
allocation of the bond repayment costs will, in fact, put a sub-
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SMITH & MANDLER. P. A.. ATTORNEYS AT LAW. till LINCOLN ROAD MALL. MIAMI BEACH, FLORIDA 33139 8 2 • 8 0 5
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stantial and undue burden upon the owners of older buildings in
Downtown Miami. This burden is comprised of the following factors:
A. Older buildings, with their older rent rolls and
lower income per..square foot may end up paying out
all potentipl profits from the ownership of the
property into the special assessment.
B. Those older buildings, many with long-term leases,
may not have a method of passing through the
assessment to tenants and would be required to
shoulder the burden of this assessment themselves.
C. Mohey that could be utilized in the revitalization
of a property would become committed to pay the
assessment.
D. The year -by -year reduction of the special assessment
is gross unfair to those buildings which are
currently in operation since the benefit of the
People Mover will accrue to all buildings in
operation when the People Mover starts rolling.
E. The timing of the required payment will come at a
time when vacancy rates are soaring in the older
buidings as tenants move to the newer structures.
F. The percentage of the assessment is a significant
part of the income per square foot..
Meanwhile, the newer structures will benefit in the
following ways:
A. Parking requirements have been reduced.
B. Since the assessment will be on a declining basis, a
number of new developments will miss the substantial
impact of the assessment in the earlier years.
C. The tenants of the new structure will, due to lease
terms currently offered, be the ultimate payers of
the assessment.
D. The cost of the assessment as a percentage of the
per square foot rate for the property is a minor
amount for the new properties which are charging for
premium space.
E. "Unleased space" in a new development could be
munipulated to become "unfinished" space and thus
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SMITH Q MANDLER. P. A.. ATTORNEYS AT LAW. 1111 LINCOLN ROAD MALL. MIAMI BEACH, FLORIDA 33139 8 2 - 'l
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not computed in the determination of net rentable
square feet.
It is quite clear that all properties within the assess-
ment district will not benefit uniformly and that the older
properties will receive incidental benefits less than the cost of
the assessment to them. This Board must not and should not allow
this situation to develop from both an equitable point of view and
a legal point of view.
But are there alternatives? Robert J. Harmon and
Associates, Inc. believe that there are.
Harmon suggests (Funding Instrument Profile No. 3) in the
report to the Downtown Development Authority dated August 26,
1981, that a New Development Fee be assessed on a per square foot
basis on new commercial development. He proposed, as just one of
the alternatives to the Downtown Development Authority, that this
new development be imposed along with a continuing one for
existing commercial buildings. He cited as advantages of this
system the recognition of the of the costs of existing commercial
building owners, a guaranteed source of capital funding and the
shifting of a major portion of the capital cost burden away from
the existing building owners. He also felt that, "an economic
case can be made for distinquishing between new development and
existing commercial buildings," as cited before in this report.
At just a dollar per square foot, Harmon estimates this one time
charge would generate 5.5 million dollars in each of the years
1985 thru 1990. This funding instrument is currently in use by
the City of San Francisco where it was jointly approved by the
Public Utilities Commission, the Chamber of Commerce and the
City. This method, when combined with an assessment on existing
structures, would more fairly and appropriately allocate those
costs among the property owners based upon the benefits received.
Another method which would allocate the costs of the
project being assessed to the benefits actually accruing to the
property improved would be a formula which based the assessment on
a percentage of the rental rate being charged for the property.
Thus, those properties which would receive the greatest benefit in
terms of increased rent and occupancy would then pay the greater
share of the assessment. This recommendation could insure the
highest level of equity. While it is true that greater equity
requires greater cost, the Board must always look at incremental
costs in pursuit of equity as a desirable feature where the public
is concerned. This method would incur no cost to building owners
whose space was unable to be rented since the owner would be
receiveing zero dollars per square foot. It would also be very
easy to administer by requiring owners of the properties to
provide to the County Assessor's Office a tax roll which could be
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SMITH 6 MANDLER, P. A., ATTORNEYS AT LAW. 1111 LINCOLN ROAD MALL. MIAMI BEACH. FLORIDA 33139
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audited on an annual basis. The burden to the property owners
would be minimal since all keep rent rolls in the operation of
their buildings. Verification would be simple for the Tax
Assessor's Office since lease documents contain occupancy dates
that could be readily examined.
An argument can 'readily be made both equitably and
legally that the benefits accruing to the older buildings in the
Downtown area are only incidental to the benefits which are being
received by the population at large in the development of the
Downtown component of Metrorail. This argument, if asserted to
its full legal force and effect, could hamper the project. The
commitment made by the Downtown Component of Metrorail Private
Sector Task Force of the Greater Miami Chamber of Commerce should
be, and in fact, will be fulfilled so long as the Board determines
a funding mechanism for repayment of bonds on an equitable basis,
based upon the facts presented the Board.
Due to the problems of inequality of the benefits
received as compared to the costs assessed, this Board should also
review carefully the recommendations made by the County Manager
and the Dade County Metrorail Private Sector Task Force which
suggests a special assessment on a non ad valorem basis. It may —°
be, despite the problems inherent in holding a special election on
an ad valorem tax, the most equitable. It is not the legal right
of the Board to create a special assessment district for the
levying of assessments on a arbitrary non ad valorem basis when
the evidence before the Board clearly demonstrates to a reasonable
observer that the more appropriate recognition of benefit is based
upon the value of the properties rather than any -other factor.
Should this be the case, the Board must establish an ad valorem
tax.
In the event the Board chooses not to modify the recom-
medation of the County Manager which provides for the levying of
special assessments on a non ad valorem basis employing net
leaseable square feet as the primary basis for allocation of the
bond repayment costs, then the Board would be in the position of
imposing a substantially unjust tax in excess of the benefits
received by a substantial group of property owners within the
special assessment district. It would then be for the courts to
determine reasonableness of the Board's actions.
The recommendations made herein are not in any way to be
construed as a complete or comprehensive list of the alternatives
that the Board can utilize in modifying the proposed special
assessment. It is meant only to start an avenue of discussion in
regard to modifying the proposal as it now stands before the Board.
6829d
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SMITH & MANDLER, P. A.. ATTORNEYS AT LAW, till LINCOLN ROAD MALL, MIAMI BEACH, FLORIDA 33139
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Special Assessment Project Area for Downtown Component of METRORAIL
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.m DENOTES DOUNDARY CI THIS F-10JEC"
rfioposEo STATI"
PflOP03L0 ROUTE 011 ALIQUIdENT
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A Special Assess:;ent Project Area for the DC',.*, is bean, propcced,
and the properties embr-ncef by its boun'�srie-, are set fort" as
foll c::s :
That, porticn of the City of I,Iiami , Dad - Cc':.-t, ',
Flo_,yda, more part icularly describ--d as
Ecun.._d on the Bast t'. Biscayne E-y bet,.:eer1 Pcrt
Boulevard and the ;,'.ia^i :, ver.
Bcunded on the South by t: p Mianl' River bet-,.e-en
T II1
E_scaJrle B�.:J and 1rtrr �J .it�.rN
i
C�I. e jam•
}BP3u .ied on the 1,1est b;[[ :. Inersc:�:�:e vaLe 7 be�,een
Bcun,ec on the Ncr th by:
y� y^ .'.;. 6�:: Street bE'�'�':e:::: Tn`..�=''c. .`, `c ,,i a:::
N.W. 1st Avenue;
A11*
T::c south ri7ht-cf , line of the Flcrida
East Ccas t bet•,:een Id. Is - Avenue
a:.0 U.S. I'*LEh,i:ay 11"o. 1(Eisc.-a ne Bou,"Leva"n..)
A IND
Port Boulevard bet:.:een U.S. FiChway No. 1
(Biscayne Boulevard) and Biscayne Bay.
10 82 _805
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.� MEMORANDUM
tu7.07_17A
To Honorable Mayor and ,Iembers
Board of County Commissioners
FROM
T . - 't rtim
o 'A .
REC0;1r,F11DA=*14
DATE Ju!y 2#, 1932
SUBJECT Special Assessment
Project for the Downtown
Component of M ETRORAIL
(I)Cm)
It o
is recommended that the Board authorize the establishment of a
"Special Assessment Project Area for the Downtown Component cf
METRORAIL (DCG1)11 in accordance with Article I, Chapter 18, of the
Dade County Code.
BACKGROUND
In 1981, the Board authorized the County ,1ana_.er to work with the
downtown business interests for the purpose of developin- a funding
mechanism whereby the private sector would contribute to the
construction costs of the D0I-1. The County Manarer subsequenti
forned a D01.1 Private Sector Task Force chaired by Mr. Alexander Mc'a.
Wolfe, Jr., President of Southeast Bank. The Task Force considered
the funding alternatives for DC; relative to the following:
1. Capital and operating construction cost estimates of
the system;
2. Annual cash flow funding needs of the entire
construction schedule;
3. Existing capital funding commitments;
4. Alternative funding sources;
5. Relationship of funding option to economic benefits to
be derived by the downtown business sector from the
DC14; and
6. The need for formulating a complete funding package.
In September 1981, the Task Force adopted a consensus resolution
recommending that the Board create a special assessment district in
the Downtown Core Area to be served by the DC,4 system, conditional
upon that the special assessments be levied on a non -ad valorem
basis; e.g., net leasable square feet, and that the amount of the
special assessments be modified each year so that new ,improvements
would be utilized to reduce assessments in subsequent years. After a
review of the Task Force recommendation, the Board adopted Resolution
No. R-1482-81 on October 6, 1981 endorsing -in principal the concept
of a special assessment district in Downtown Miami for the purpose of
supporting the DC14 project.
Based upon the projected project cost, it is anticipated that $20
million is needed to be raised through the issuance of revenue bonds
from the project area. 'It is proposed that all properties within the
project area, including Dade County (1,030,000 square feet), the City
of 111ami (838,000 square feet), and all institutional properties that
carry an exempt tax status pay an annual assessment over the 15 year
life of the revenue bonds. t4etro-Dade, any school district,
municipality, or other political subdivision are subject to
assessments pursuant to Section 18-14 of the Dade County Code. In
accordance with the Code, both Federally -owned and State-owned
82 -8 05
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properties are to re;iain exempt from this assessment. 'r{o������pr, the
Board does have the discretion to provir3e additional categories of
exemption from the special assessment to inclule other tra.litlonally
tax-exempt institutions.
It is anticipated that new construction and/or buildin;; expansion
within the project area will allow annual reductions in the actual
amount of assessments levied. A projected schedule of assessments
over the first 5 years of the 15 year bor;3 repayment period is as
follows:
A..iJ,i1
OF
ESTI'll t,TED SP i:CI AL C 0 S T
N0. OF A' OU 1T 0 ASJ-ES3:1E,N'. COS': TO
SIFT LEASABLE SPECIAL IF CITYiC0UN' Y TO CITY
SQ. FT. A-0SESOr !IAEi1r2 IS E.`;E-'iPT DADS: OF
YEAR (1,000,000-s) (CEiITOr' (C�'i�Sl CO.
1983/84 16.78 27.1 30.9 $279,130227,098
1984/85 10.45 20.1 25.8 357,780 201,000
1985/86 23.91 17.2 22.0 522,880 172,000
1986/87 24.51 16.7 22.3 677,920 167,000
1987/88 25.50 16.1 21.2 644,480 161,000
The actual assessment rate will be dete—L .Ined after the sale of the
bonds and the actual amount of leasable square footage is calculated.
The above annual assessments could be reduced by additional amounts
due to (1) the investment earnings on the debt service reserve fun-1
which must be established when the bonds are sold, and (2) greater
than anticipated new construction and building expansion/renovation
occurring, within the project area.
In order to provide a net a20 million from the project area for the
DOM, it is projected that a bond issue not to exceed $27 million is
necessary. This amount differs from the first report given to the
Board on July 6 due to a recalculation of capitalized interest needed
during the construction period and a restructuring of the timing o:'
the sale of the bonds and the requirement of funds. It is
anticipated that the assessments will not be levied until the 1983-84
fiscal year and that the bend sale will not occur until spring or
summer of 1983. Therefore, the bond financin;; vehicle is not being
- presented to the Board at this time. The appropriate bond ordinances
will be submitted to the Board at a later date.
The proposed bond issue will only be used to pay for construction -
related costs'of the project. ;The debt will be serviced by the
assessment levied each year throughout the project area. The bond
issue does not provide for the full fain: and credit backing of Dade
County. It is anticipated that the project area, as defined in the
attached supporting material, will only be constituted for a period
of 15 years so as to coincide with the scheduled repayment of the
bonds.
As required by the provisions of Section 18-3 of the Code, I have
received the facts investigated by the Transportation Coordinator and
submitted by him, and I concur with his recommendation that this.
project be created. Under Section 18-21, the Board can authorize by
resolution the construction of this public transportation improvement
without the necessity of creating and establishing a special taxing
district embracing the territory specially benefitted by such
improvement. Therefore, no referendum is necessary.
►82-8ua
•� EXHIBIT C
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County tlanager
FROM Warren J. Higgins
Transportation Coordinator
OAT E
SUBJECT Special Assessment Project
Area fo: the Do,,:ntown
Co;npcnent of METn::RAIL DC:'I )
Under Section 18-2.1 of the Code of hietropolitan Dade Ccur.ty,
the Board of County Commissioners can authorise the ccnstructicr.
of a publ'_c tr ansportatiOn i,.,YrGVe lent SUCK as t he DC�;ntC'r;.. Co.;,-
pone nt of 1%etrerail (DCM). The County Manager is required to
submit a report and reco:rmendaticn for the creation and esta::lish-
merit of special assessment districts and projects. Under Section
18-3 of t:,e Code the Xanaoer is req 'µ; »e" to cause to be r. ar:e under
1 u
his supervision and direction such investigations, surveys, planz
and specifications as may be necessary to enable him to cc,,;pile and
file Ni:.. the Ec-ard a written report concerning ���c7 distr �c or
projects.
As Transportation Coordinator, I am responsible for the detailed
investigation of the "Special Assessment Project Area of the DC:!.."
The following facts are herety submitted concerning the creation of
the "Special Assessment Project Area for the ,Downtown Component, of
Metrorail."
1. BOUNDARIES OF THIS PP,CJECT
The proposed Project is located entirely within the City of
Miami, and boundaries of the propo-sed project area are that portion
of the City of Miami, Dade County, Florida, more particularly de-
scribed as follows:
Bounded on the East by Biscayne Bay between Port
Boulevard and the Miami River.
Bounded on the South by the Miami River between
Biscayne Bay and Interstate 95.
Bounded on the West by Interstate 95 between the
Miami River and N.W. 6th Street.
Bounded on the North by:
N.W. 6th Street between Interstate 95 and
N.W. 1st Avenue, and the south right-of-way
line of the Florida East Coast Railroad be-
tween N.W. 1st Avenue and U.S. Highway No. 1
(Biscayne Boulevard); and Port Boulevard be-
tween U.S. Highway No. 1 (Biscayne Boulevard)
and Biscayne Bay.
82-805
I
U
Upon review by the Dade Ccunty Trans; or tatil cn A,iniztr ation,
the territcry specially benefited by this local transpertaticn
impr ,: e ens i P v e o :-, tted �' ` s` e of
C t, J_:, th Ser.iCe area Of tt'i CG;:.,..�� t. air, JV �a,�_
the DC'..',. Th= ou_h the syste:;'s functional interration at t::e Govern-
nen,, l.E'nte^ rapid trari.,_t. station, it provides CG.;,p. h..n iV
circulatIcn and diZztrib•::ticn ser:ice f c r the ;•,E_::C=f,IL syste-,.
lh e DC;', se. -vice area includes nearly 65 percent of all cc---er-
dial de. _lcT-ent in Do;;,:tc';... ;':i` i . In ac::it' cn, over 75 Fcrc t
of a!' d_• elcr cn-1 c., st`e� � �cN l .ned `� c-.n. _rao te-
C�.�i �L V. .{.� 1i V.l:u/ pl�r to �.'e CV♦ ` � /
to.een 1,:.'2 and i9;J will, occur in this perticn of
busines.. district (ORED) . In total, there are curr_n iy 16,71 ,V
sq•..-. e feet cf leacat_e cc.=,e dial, residential ar... pLr!:i. fac_="y
srace iccatez in the D%D.. sCr:ice are-. E: tee, on a::::0:;:" cc—_
inne :t Tian , the scaiG of de'. e_c;:Ment .s.e_ .....
b; at l _ass. 5w per -lent d,.r.... J 1. :. , i•/,
Fe_r al prcpertieS 1CCat a i';iti._n the bcur:Car_es of the Sp5__a_
Assessment Prclliect Area are not to be sutV
ect i to the duties and
liab_l_`in respect of the special assessment affecting- the=r real
estate. All other pro erties lccated within the Special Assessnent
Project Area, regardless of them^ County land use classification,
are sub" ect to the annual assessment, consistent with Section 18-14
(16) of the Ccunty Code.
The boundaries of the Project are as shown, on the attached plan
entitled, "Special Assessment Project of the Do,tintci-.n Com-onent of
Metrorail," prepared by the Dade County Transpertrtion Administration
and hereinafter referred as Exhibit "A".
2. DDSCFIPTIO'; A1;D LOCATION OF TEE PROJECT TO BE CO' STRUCTEJ
The project will consist of the construction of an autor..ated
transit system that will operate on a bi-directional double guideway
approximately 1.9 miles long in a fully elevated loop configuration
around the Miani central business district. The DCM Project system
will include ten on-line stations and the purchase of twelve vehicles.
This syste^: will serve the need for a complementary co7^ uter distri-
bution systei for the 20.5 mile i'ETROR:,IL rapid transit line.
I
The al cf tai 1. r,.il ez le„g ,..•, :,, • ., s , , as
part of E::hibit "A". A written des cripticn fcllcws .
Starting at the Govern. -lent Center Staticn, the DG;; al-Ign-ment
will run north along the ME.ROTAI1, right -of -way to ;I.:, . 5th Street
at which point it will turn eact ar_d ccntlnue as a rcute
alo^; and N.E. 5th Street to a point api:rcximatel;; 1.50 feet
east of N.E. 2nd Avenue. At this point the aIfEnmer.t will turn
sc�:th;:ard runn-*n_ par allel to N.E. 2:4c Avenue on
to be accl;re. for a ne'.: right-Of-'r:a". The rc to
scut:-: to N.E. 1st Street where it Tr:i'_1 turn: east an.. fn
an east;•:ard directicn to B-'sea,:ne Bcule:vard. At Bisca%ne Bcule•:ard
the a1i;ram ent will turn scut: anu ccntinue alcr the 'H3 e•:ar.'s
l.0 ,;r ..41. r e_ The ..I:v then turns e.. .. .. ,__'.. Gam...
S,.-Get an: ~' es over the I-G'
ccr.��nu exert ra=, :h�ch
pr----Ze .v_,: ter ^l. Ga✓e u. 3r U �, rep an: S.`. . 2 enu-e. L v
the approximate lnterzecticn of S. --- . 1st Avenue and the pro' ect_cn
Of 5.... 3rc Street the al-C,nmert - ;•.h_ch to th-c point ., h c be' . y� c G cn a
❑o...h. r.e gu id e;':a j' t;:o-;•: a,, r te - se p'ar'at es• One Ui ai..ch of th-
turns north on S.E. 1st Avenue to S. �. Ist Street, thence west
al .. _ S .... 1st Street to the I- 5 ra:.,ps to the T:ET�,2c AID right-ef-
w it ti',herG it turns north and recce nects wit:: the first branch. The
alignment ccntinues as a two-way route north along the :'iET.,CEAIL
riCht-of-way to the starting point - the Government Center Station.
Ec t I.IO'J OF COS_' OF PRCJEC''
The DC;, project for which the Special Assessment Project Area
is proposed has a budget estimate for total project costs of
$66,066,927. This cost estimate is for all work to be accomplished
under the County's contract with Westinghouse Electric Corporation.
Westinghouse was chosen as the turnkey contractor for construction
and installation of the DCIM systern after a competitive procurement
proce-s. A cost estimate for the DCM system under the Westinghouse
contract is attached as Schedule A.
Assessmentslevied against properties within the DCM Special
Assessment Project Area will support repa5rment of an issue of revenue
bonds sufficient to net $20,000,000 for the pa—ent of construction
8 :� - S V 5
f
�s fcr guideway and stations and purchase cos` r �"A' l' �
COS�J � JNJ iC� �r. �. tLi_„
autc-:ated vehicles. In addition to estimated ce:._tructicn and ve1r1cle
purchase costs must be added the ad..lir._SLratiVe costs (Trscessir..:-,
collecting, mailing,, advertising etc.) as provided by Chapter 10Q of
the Code. These costs will be $25,500. The cczt associated with the
e ,e ^nd� which are to be re-Ia'^ %,ityin 15 years,
issu�nc of the revenue b., , Nam.-� 'i1t"•
include: net construction costs, debt service reserve, capitalized
interest reserve, bond diSCcunt, and fin_nncin_ expenses. T eref-_re,
the CCJ i's to be GScJessed ara i.J.cthe prOjcrtie_1 loC:ted wit -In ti.r
bcund-nr_es of the DC;: S ecla! AcseS . ent Frc' ` AI'ea uz s"
V V I� e " C� l .1 �A V I ..
debt service and administrative ccstc.
E _ �. _ 7r= C_ mom-
r p size Of iS 1e necess-a ''., to net f cr u'
1•.
1 y r
L J n :- t h �L f� - t r, r v e �` - `.. c �..�'.'. 1 ci r 1. 1• e E v .. .'1.
in^„n?�....;� t, �' Et�''C;_..t.C::i C�:.;�.1. a1 iT:'.t_ O' ... CC
sm t "C^ ^ (, f T^`'n n ua1 e J .. 1 .;e` ``- `.nt levy
C"'� �......... .. e.�. NO be 4 J l%},,2� �. , V li l.� . 1/... ate. .. -. .S� Cam.- G:. .. .. a. �
au _z t.. icn . it have tc Set at an an t s,;rf-_c e n t tc +;tee
dett service for principal and interest paytack. of
92 j , 00u per yew ass..7:in- interest is car..italizeJ to pay bacr: t'ne
y buil i
f_:'st year interest cost . Anticipate:: ding e::par.sicrl wit.._..
the Project area boundaries will allo..: the actual amount of the
special assessments to be adjusted each year so that ne.•: ir..prove-
ments can be utilized to reduce assessments in subsequent years.
5. CG'..FCI:ImY TO b:r STER PLtiN 0N DALF CO'..". m i
The proposed improvement conforms to and in no way conflicts
with the Comprehensive Development Master Plan of Dade County.
Wericrandum from Planning Department is attached.)
6. RECC':.°•? ..':DATION CONCERNII':0 THE DESIRABILITY OF THIS
Ii•1 Pi; U'JEi•" "''
The proposed project is needed and desirable. The amount of
adjusted square feet within the District, as taken from the Dade
County Real Estate Property Cards, is 16,780,000. The 19S1 gross
property valuation within the District, also taken from the Dade
County Real Estate Property Cards, is $E47,327,309. With the scale
of development servicd by DCM expected to increase by at least 50
percent during the 1990's there is good indication that the af-
fected property is able to pay such special assessment as may be
levied. Moreover, individual assessments of existing, develoj ed
�82-805
I
' r ner t y 1 be dec:'=aS ;) e c;• J ea - as new d-2—i .�1is utJ 1" =d
Y
rE. uCe t1-.e t t ., s--,-—2 :` ~e to ca--r. the tor:d _csue.
o c ., a c
The eccnc e tz ccru t ri-r �- se2t�r as a
'•'• .;�iC b n fi o a 1nf; O t..0 �% '�
result of the ope:'a•-in,:"- of the DC,-1 are attr'_butabl- to the access-
ibility- rjafns, locaticn l identity ad•:anta- s, activity center
li - _, t, y it-,
S ar.Q i"'':1,...'.e-1 Cri-oils: p�:.ri:;'��� i'elluia'�'�•'^'ri..•, a_ �lJrd '� b 1. ,L
syzt,e .. The private sector Frcpert;; o,•;ners, retail n, :�rzhants,
1 ctel ope: a`ors and otherZ located in dc;';nto„r. Miani :rrlt::i^ t1n
bcun.d r i e s of th� Src _a1 ;�s e: :.�c:at r rc ect :roe r;i" 1 : ecei re
r,cn-tart' €alas frcm. the DC;i s; ctem's cpercn in the form cf
Fr-2::iu;i rents, hi :.er occupancy ra.. (. z, incr. ease:.. ret ail sale
and reduced emplcyer coots. In addition, the access afforded by
t ip, p�recti~e develco::ent sites en.'--- nce
the D�.: cticuld /crease .:u' /�
t l.e 1I 1at.:.1i �.J Vl e.•i.. .+._I1:,) b;Ul r-U 1I-:_ , and pr 3%1de slir VIsC,
bet;;een act -:pity ce t e r s . As a result of the for':LCing, in in
�i.-- n .;t� 'C. n• ` tO } I;C'.^���=j� as es.-ed '�i111 be
O
• .icI;, t.'. ben
benefited in excLcti of ti,c tot-1 amcunt of the special assescnent
tc be lev'_ed.
Attach , to this rep,c"'- is a su•-pertin; opinion drafted
1 •
RC::ert Har: Cn & AsZoci.::`, e . This ccnc-ult- ,- firm is also aut.:Cr
of the "Su -miry Report : Private Sector EConcmic Impact Analysts -
The Miami Dc:;ntc;;n People Hover," which docuaents private sector
benefits in r elation to the ecuitabi lily of the proposed DC,'i
Special Assessment Project. Robert Harmon & A.-oociates was en-ayed
by the Do•,rnto;In Develcp: ent Authority to provide professiona�
eccnom-ic and financial consultative support in the area of estab-
lishin,, a "full funding" pro, -,ram for the DCM Private Sector Task
Force. The Task Force was established at the request of the County
President of Southeast Bank, N.A
Manager. Chaired by Alexander I e'dolfe, Jr. , /the Taslk- Force wrote a
consensus resolution recommendin[; creation of a special asceccment
d;.strict in the do;rntown core area with several conditions. These
ccnditions have been folloiied. They include the levying of -special
arse::mentc on a non -ad valorem basis, e.D., employing net leasable
5
82-805
U
square feet as the primary basis for allccaticn C`_' t::n_ to^,a-. a'
w^
ment costs. The timely ccnzen3us of the decicicn reachez' ty the
DC„ Pr i•.ate Sector Task. Force has proven to be pivotal in securing
the ;641 million in capital funding that was bein7" seuEht from the
..c=Transtion.
Urban �",s Tran�pertat..cn Administr`
In additicn to the $2C,000,000 derive] frc, Special AcceSzment
Prc,;ect Area revenue bonds, the $86,066,927 project costs fcr the
or tyrant t st,i .e-e 1 r r f r d f s-
c�.,,,. ,,,, r. „h �•,e���n^h c:..:_ �,. al.;o �u.:d�.. b�� Cr a^.s ,rc:: �.:•: rc=e»_._
L'rtc:z :'ac T: �, yp „t t1 _ins„� 3 t . c: 1.
o_ _cn Ad.,, ems, cn, S a ci ^r`c
n rota` n rc. ' r n i f 1.1 m TI mot pCrt_C:, G_` t..
irG:.G. c._� P C�'r C:..1 C � the Clt.`Y C� 1'._G,�..i • ^e
car'_tal im, ro ement cost., for E,:;.e'.:iy ant st%t_Cn csn� ruct-cn fin..
p;._ .'.:._.-_ cf vehicles uncer the itie t1n`: C:.ce cc nt_ t 'r:,:_... i tC tom'
pGlu �` v."... r'. �.. ...� G�.C.'� "�; C',„.-s Cam. .�..:i�., benc—fi, ."-_..
bas:._ cn net feet for the alicc; ticn of the tong
re-.:y ..enz. cc.._.cn vacant lctz �r.=? _ to t Ze_ on
c+
sc::�r _ fcota�e of the lets.) Assessments i•.ill to ^a_le. to p cr � r „`- ,;
o;;..er, at t::e sar%e t`:7 the Cou n`y prcp:erty tax b- 11s are r:.,aile�.
T:-:e annual Best per net leasable square foot cf benefited
prcz-ert; fcr th_s ir..zrovement is estf—mate as follc;.s •
Tctal Estimated A.,/ount of Net Leasable Square
xcota�-e Within Linits of Project Bcundaries
Annual Revenue Required to Retire a 15-Year Bond Y
To determine the cost per assessable square fcot, divide the
a::,ount of annual revenue required to retire a 15-year, bond by the
nuraer of net leasable square feet available within the Froject
boundaries each year. There will be 15 connecutive asseszment roles.
SAMPLE ASSESS'•;E„T
Cost for typical 100,000 square foot office building with
80,000 net leasable square feet:
80,000 x 29t = 4"23,200 - Year 1
80,000 x 24; = $19,200 - Year 2
6
i
I
The actual costs assccisted with ret!rini; the CF.e_,.c_ Ncrz �ess-
ment Revenue Ecnd issue are based cn c e bonj mar' { -
p^o,�e t d r:-t ccr.3�ticn�
at the tis e the bonds are marketed. To retire an issue of °�","';C,C�u
in revenue bonds issued at a protected net interest cost of 1�
per cent requires as much as $4,927,000 per year. The estimated
asses ., e.^.ts : eQUire.A to retire l.l.e bonds at the above interest rate
should be no hiv;^er than 2 ,' per net leasa:.le scuare foot d•,rin`
either the first or seecnd year cf the bond retie _•ment period .
e" `, ra`e ,;� 1 d
1�. _ aft _ , the a_cZe2z7ne 1 ecr_. �e ea-- I yeah. Sp ca _A
ass:.s:-ent., co_lecte:. fr;,-� benefited prcpertie_ ear.. of t;.e
15 years before the bonds are retired gill, under the prc._sions
of Chapter 1"S of the Cock, be use:. solely fcr the re_~.ar e.._nt of
f .......s "in:nnce- for i. i. �' it cam .. ..v.
At tCc:=ents . 1.
h-It, ' 11 11 "
�.ti i„a. :; Plan of"
fFr cpcze~u I,;:r: o, e-_..r ,.
2.
Cc::, C:
..�... f r^, `
F1annfn�
3
Cod. of
of
Report
4.
Letter
of G; -..ycn
frcm Consultant
LI
I
[J
0
li✓ i,�1�ir:i C �ir.�i Ci 1 ,�,FLIL CC.31 1..Z.,.. i
The Contract ceii .--_ l art, oYt; e2_-O7 ar,r
in be ow �r r �� �n J3ri'.: .
1981 dollars e:ith the exception of Item 42.0 A/E Services. The
desi;n portion of this item has now been escalated to present
dollars through recent contract amendmeritc,. The A/E Services
pertion during construction remains at the 1981 dollar level.
In add ition, two Economic Price Adji.stm•ant Revisions have teen
made to It.;, _4.0 and this adurt.;,en' will cc.n„"Lrue to tai:e place
on a quarterly bads.
Y'r 1J tC�:T Ci11J iJ lJ:.a1�, 1
I; 1lit.1
Ir_ D"...CR1TF-7
1.0 Prc::,-:. � irlana,t.....n„ , Co ns t . u.,., i,,.. naV ._m en
and Services During Construction
2.0 Ar..i,itectural, Civil Desir—n and Facilit'_ec
En:,ineerinf- Services
3.0 Civil Ccr.structicn anti Installation Service:,
4.0 Ecui;. er.tz-, S ste:-.s and Start-un ServiceZ
5.0 Cc: t_ act or 0 _ .. :.1ain tni.an
SUN.'per t Services
TOTAL
Allc•.rar.ce for fwture inf laticn adjust -meats
n SAT
1CJl::�r
$ 7,723,1�0
3,437,,2:
'
26,�Q 14,E.,37
31 791,1�3
882,25�
$7C,748,621
$86,066,927
In addition to the five major contract ceilings, Wes tin:-hcuse is
also recuired to work ;rithin a comprehensive ceiling for total
funding availability. Idearly all of the funding for the project
is being provided on a phased -incremental basis, and thus the
County is restricted in the total funds it can make available to
Wectir.ghcuse. At the start of the project, this phased fundin
ceilin'r; Was $10,617,330 and as of June 15, 1982, it has reached
$30,773,333•
Sources of funding for the Westinghouse Contract Include
Urban Mass Transportation Administration
State of Florida Mass Transportation Program
City of Miami
Special Assessment Project Area Revenue Bonds-
$55,766,927
8,000,000
2,300,000
20,000,000
$86,066,927
82-805
j
F1
ROBERT J. HARMON' & ASSOCIATES, INC.
1NTERNATIOti-%L SQUARE, 1875 ENE STREET, N.«.
NVASHItiGTON', D.C. Z0006 • (202) 466-53Z3
June 22, 10c2
Simon Zweig"aft
Mana"er Prc ject De vei Cp:7ent
Dade County Transportation
Derart�:er.t
44 Wert F'- 1C-� Street
treet
u
22n'd Flccr
Miami, Florida 3?13C
Dear Simon.
JL" 1�--
D.C.tI
The firs cf Fct°crt J. Farmcn & Assc'Ciates, Inc. wa-z' reta...e..
by Da' e CCI:^.t_' in two pre'. ic,.:S enLar�e�:.e-.ts to evaluate t!:e
mcnetar': ecc..=.c bene. its of ccnztruCtli:=" the t-:Ia i
Ccr;Yc; er.t cf MetreraiI (DCi`). Currently, we have been enz:s-CL
c
to evaluate the "eq::itabiIity" C^d "con=istency" of the azzess-
me ` level eii :tility criteria and prccedurez that would be
applied in i ^1ementir- the DC:� Prcject Area Assess:'ent, Dis`ric`..
This letter of opinicn summarizes cur professicnal cone usic.^.s
regarding the impertant facets of the prccra-.
Eased on our previous benefit assess^ent evaluation o:' the DCt:
Project, the ow;ers of property ccntairred in the assezZment
project area would, in all cases, receive monetary returns in
excess of the annual assessment paymentz. The nature cf the
arsers:;ent procedure requires that the fixed annual bcnd payment
be annually pro -rated to the total net square feet of private
and public space contained in the defined project area. This
means the annual payment assessed on each existing property
owner would decline over the fifteen year term of the bone,
while the monetary benefits would be increasing.
The assessment levy would be calculated on a uniform cents per
net leaseable square foot basis. Net square feet would be con-
sistently measured by Dade County Assessment Office utilizing a
definition of gross square feet less common areas (e.g. elevactr
shafts, stairwells, etc.). This procedure was field-tcstcd under
our supervision and would meet all consistency requirements for
this type of assessment. Since there are no exemptions, from
this assessments, with the exception of the statutory one re-
lating to federal buildings, the assessment would be both uniform
and consistent.
REGIONAL/URBAN RLAI ESTATE TRANSPORTATIONSYSTIMECONOMIC5
M
82-805
r'
L
Mr. Simcn Zweighaft
June 22, 1982
Page Two
In summ-mry, it is our professicnal opinicn that the Miami
DC,'.', Project Area assessment prci,rari meets all eccncnic and
fiscal criteria for equitabilit;: and consistency.
Very truly yours,
Rcbert J. aarmon
1•.anasin�- Principal
R J'r:: 13
21cc,
�II1T D
Altercate
7-21-82
ORDINANCE NO.
ORDINANCE: CREATING AND ESTABLISHING A
SPECIAL ASSESSMENT PROJECT AREA LYING WHOLLY
WITHIN THE CITY OF MIAMI IN DADE COUNTY,
FLORIDA, TO SUPPORT THE PROJECT TO BE KNOWN
AS THE DUWNTOWN CUMPONENI OF METRORAIL (DCM)
PROJECT IN ACCORDANCE WITH THE PROVISIONS OF
CHAPTER 18, SECTION 21, OF THE CODE OF
METROPOLITAN DADE COUNTY, FLORIDA; DEFINING
THE GEOGRAPHIC BOUNDARIES OF THE PROJECT
AREA; •AUTHORIZING THL ISSUANCE OF DADE
COUNTY DCM PROJECT REVENUE BONDS IN AN
AMOUNT NOT EXCEEDING $27,000,000 TO DEFRAY A
PORTION OF THE COST OF THE PROJECT;
AUTHORIZING ANNUAL SPECIAL ASSESSMENTS
DURING A FIFTEEN -YEAR PERIOD BASED ON THE
NUMBER OF NET LiASABLE SQUARE FEET WITHIN
THE PROJECT AREA; PROVIDING THAT SUCH ANNUAL
SPECIAL ASSESSMENT'S SHALL CONSTITUTE A LIEN
ON ALL REAL PROPERTIES WITHIN THE PROJECT
AREA; PROVIDING A METHOD FOR COLLECTING
DELINQUENT SPECIAL ASSESSMENTS WITHIN THE
PROJECT AREA; FINDING THAT THE PROJECT
CONSTITUTES A PUBLIC PURPOSE SERVING THE
PUBLIC GOOD; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Article VIII, Section 11 of the Florida
Constitution of 1885, as revised in 1968, and as subsequently
amended, enti`led "Dade County Home Rile Cnarter" remains in
full force and effect by virtue of Section 6(e) of the present
Florida Constitution.; and
WHEREAS, the aforesaid constitutional provision gave
the electors of Dade County the power to adopt, revise and
amend from time to time a home rule charter of government for
the County, under which the Board of County Commissioners of
the County would be the governing body of the County; and
WHEREAS, on May 21, 1957, at an election duly called
and held pursuant to the provisions of said Article VIII,
Section 11 of the Florida Constitution of 1885, the electorate
of Dade County, Florida, adopted a home rule charter conferring
broad governmental powers on the board of County Commissioners
of Dade County; and
WHEREAS, in particular, Section 1.01A of the $Aid Home
Rule Charter provided that the broad powers conferred upon the
the Board of County Commissioners of Dade County included but
were not limited to the power to:
82-805
4
Alternate
Page No. 2
10. Levy and collect taxes and special
assessments, borrow and expend money
and issue bonds, revenue certificates,
and other obiigations of ind�_bteuness
in such manner, and subject to such
limitations, as may be provided by law. '
li. By ordinance, establish, merge and
abolish special purpose districts =_
within which may be provided police and
fire protection, beach erosion control,
recreation facilities, water, streets,
sidewalks, street lighting, waste and
sewage collection and disposal,
drainaqe, and other essential
facilities and services. All county
funds for such districts shall be
provided by service charges, special
assessments, or general tax levies
within such districts only. The Board
of County Commissioners shall be the
governing body of all such districts
and when acting as such governing body
shall have the same jurisdiction and
powers as when acting as the board.
WHEREAS, pursuant to such provisions of the Florida
Constitution and the Home Rule Charter, the board of County
Commissioners duly enacted Chapter 16 of the Code of
Metropolitan Dade County, Florida, providing several methods
for the creation and establishment of special taxing districts,
other special purpose districts, special projects, and special
project areas for certain enumerated purposes and prescribing
the procedures therefor; and
WHEREAS, the County's Transportation Coordinator has
requested and recommended to the County Manager that a special
assessment project designated as the Downtown Component of
METRORAIL (DCM) Project be created by the Board of County
Commissioners in a defined project area pursuant to Section
16-21 of the Code of Metropolitan Dade County. Tne
recommendation is based on an appropriate recognition of the
special benefits that will bu conferred on real properties and
their owners in close proximity to the Downtown Component of.
14ETRORAIL (DCM) coupled with the realization that these
properties and their owners should contribute --to the
substantial funds already granted or committed for grant by the
82-805
Alternate
Page No. 3
federal government through the Urban Mass Transportation
Administration (UMT'A) , the stat^ gnvfrnmr•nt tr,rr)kjgh the F'ior ida
Departme.it of 'Transportation (Florida DUT), and the City of
htiarri, and because of the substantial increase in the values of
real properties in the project area that the DCM Project will
bring to the area; and
WHEkEAS, the County Manager and the Transportation
Coordinator, after • making a detailed study based upon
appropriate investigations, surveys, plans and specifications,
co,mplied with the requirements of Chapter 18 of the Count '
Code of Ordinances by filing with the Board of County
Co„m.i_sioners their written report and recommendations setting
forth the boundaries of the proposed special assessment project
area; the location, material, nature, character, and size of
them DCM. Project to be provided and maintained within t_h(-
propa_ed boundaries; estimating the cost of constructing and
maintaining such project; certifying that the proposed project
conforms to the master plan of development for the County;
setting forth their recommendations concerning the need and
desirability for the requested project; the auility of the
affected property to bear special assessments for financing the
cost, acquisition and construction of the project; expressing
their opinion that the property to be specially assesssed will
oe benefited in excels of the special assessments to be levied
upon each property; estimating the amount to be assessed
against each net leasable square foot of the benefited property
within the project area; and attaching to such report and
recommendations a map showing the boundaries and location of
the proposed project area and various other reports. Such
reports and recommendations of the County Manager and the
Transportation Coordinator and a summary thereof by the County
Manager were tiled with the Cierk and transmitted to the Board
of County Commissioners and are attached hereto as Composite
82-805
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Page No. 4
Exhibit "1" and incorporated herein by reference as though
fully set forth verbatim; and
WHEREAS, thl� Hoard of County Commissioners, upon
review and consideration of the aforesaid recommendations of
the Transportation Coordinator and the report and
recommendations of the County Manager, has decided to provide
for the acquisition and construction of the proposed DCM
Project within the defined project area in accordance with the
aforesaid reports and recommendations of the County Manager and
the Transportation Coordinator, but subject to conf irmatiun br
the board after a public hearing as provided for in Chapter 18,
Section 21, of the Code of Metropolitan Dade County, Flurida;
and
WHEREAS, the local improvements consist of the
construction and installation of an automated transit system
that will operate on a bi-directional double guideway
app.oximately 1.9 miles long in a fully elevated loop
configuration around the Miami central business district, and
will include ten on-line stations and 12 vehicles all operating
within the proposed project area; and
WHEREAS, the estimated cost to the benefited property
owners for their share of the acquisition, construction and
installation of the DCM Project, including administrative costs
incioent thereto, is estimated to be $26,075,000; and
WHEREAS, the Board of County Commissioners believes
that the best and most expeditious means of financing the cost
to the benefited property and property owners of their
respective equitable shares of the Project's cost is through
the issuance of Dade County, Florida, DCM Project Revenue bonds
in a principal amount not to exceed $27,000,000; and
WHEREAS, the estimated annual debt service for the
Dade County, Florida, DCM Project Revenue Bonds to tre issued
pursuant to this ordinance is, for each year during the 15-year
82-8U5
Al�frnate
Page No. 5
repayment period, an amount of approximately $4,555,000,
inclusive of principal, interest and administrative costs, such
annual amount to be derived from special assessments to be
levied upon the real properties benefited by the Project; and
WHEREAS, discussions have taken place between
officials of Dade County and the City of Miami for the purpose
of obtaining the consent of the City to the County's creation
of the DCM Project wholly within the City's geographical
boundaries, and the City's officials have indicated that such
consent will be given in written form within a short period of
time; and
WHEREAS, notice of the public hearing to be held on
Friday, July 23, 1982 at 9:00 A.M. at the Dade County
Administration Building immediately prior to the County
Commission's consideration of this Ordinance has been given in
accordance with the provisions of Section 18-3(::) of the
County's Code of Ordinances,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF CL)L,
COMMISSIONERS OF DADE COUNTY, FLORIDA:
Section 1. This Board finds and determines that the
premises hereinabove set forth are true and correct for
purposes of this Ordinance and the same are incorporated into
this Section by reference as though fully set forth in this
portion of the Ordinance.
Section 2. In accordance with the provisions of
Chapter 18, Section 21, of the Code of Metropolitan Dade
County, Florida, a special assessment project wholly within the
City of Miami in Dade County, Florida, to tie known ana
designated as the "Downtown Component of 14ETRORAIL (DCM)
Project", is hereby authorized, sanctioned and established.
Section 3. The improvements to be provided by the DCM
special assessment project will consist of the following:
0 82-805
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Page No. 6
The project will consist of the construction
of an automated transit system that will
operate on a bi-directional double guideway
approximately 1.9 miles long in a fully
elevated loop configuration around the Miami
central business district. The UC:M Project
system will include ten on-line stations and
the Purchase of twelve vehicles. 'This
system will serve the need for a comple-
mentary commuter di_.tribution system for the
20.5 mile METRORAIL rapid transit line.
Section 4. The location of the project will be as
follows:
The alignment of the 1.9 miles long DCM
system is shown as part of Exhibit "A"
within Exhibit "l". A written description
follows:
Starting at the Government Center Station,
the DCM alignment will run north along the
METRORAIL right-of-way to N.W. 5th Street at
which point it will turn east and continue
as a two-way route along N.H. and N.E. 5th
Street to a point approximately 150 feet
east of N.E. 2nd Avenue. At this point the
alicnment hill turn southward running
parallel to N.E. 2nd Avenue on private
property to be acquired for a new right -cf-
way. Tne route will continue south to N.E.
1st Street where it will turn east and
continue in an eastward direction to
Biscayne boulevard. At Biscayne Boulevard
the alienment will turn south and continue
along the Boulevard's median to S.E. 3rd
Street. The route then turns westward along
S.E. 3rd Street and continues over the I-95
exit ramps which presently terminate at S.E.
3rd Street and S.E. 2nd Avenue. At the
approximate intersection of S.E. 1st Avenue
and the projection of S.E. 3rd Street the
alignment - whim to this point had been a
double guideway two-way route - separates.
One branch of the route turns north on S.E. 1st
Avenue to S.E. 1st Street, thence west along S.E./
S.W. lst Street to the METRORAIL right-of-way. The
other branch continues westward along the I-95 ramps
to the METRORAIL right-of-way, where it then turns
north, and reconnects with the first branch. The
alignment continues as a two-way route north along
the METRORAIL tight -of -way to the starting point -
the Government Center Station.
Section 5. The project area or boundaries of the DCM
special assessment project area are as follow:,:
The proposed Project is located entirely within
the City of Miami, and boundaries of the proposed
project area are that portion of the City of Mrami,
Dade County, Florida, more partieularly.described
as follows:
` 82 •8 U5
Alternate
Page No. 7
Bounded on the East by Biscayne Bay
between Port Boulevard and the Miami
River.
Bounded on the South by the Miami River
between Biscayne Bay and Interstate 95.
Bounded on the West by Interstate 95
between the Miami River and N.W. 6th
Street.
Bounded on the North by:
N.W. 6th Street between Interstate 95
and N.W. 1st Avenue, and the south
right-of-way line of the Florida East
Coast Railroad between N.W. 1st Avenue
and U.S. Highway No. 1 (Biscayne
Boulevard); and Port Boulevard between
U.S. Highway No. 1 (Biscayne Boulevard)
and Biscayne Bay.
The boundaries of the Project are as shown
on the attached plan entitled "Special
Assessment Project of the ►downtown Component
of Metrorail" prepared by the Dade County
Transportation Administration and
hereinafter referred to as Exhibit "A", and
which is part of Composite Exhibit "1."
Section 6. It is hereby declared that said project
will constitute a special benefit to all property within the
DCM special assessment project area and that the benefit in the
case of each real property benefited will be in excess of the
amount of the special assessment levied on that property.
Section 7. The Board finds and determines that the
proceeds of the special assessments levied upon the benefited
property will be sufficient to pay the interest on and the
principal of the Dide County, Florida, DCM Project Revenue
b(l,nds to be issued pursuant to this Ordinance and a subsequent
Bond Ordinance as described in Section 9 below, as well as the
administrative cost of creating the Project and processing,
handling and collecting the special assessments to be levied
within the Project Area.
Section 8. The Board of County Commissioners is
authorized and empowered to levy and collect special
assessments upon the property included within the area
dusc:rihed in Section 5 of this Ordinance, which property will
82-805
I �a`erRate8
96.
be specially benefited by the DCM project. Said special
assessments are authorized and the County Manager is directed
to levy and collect these special assessments pursuant to the
provisions of Section 18-14 and Section 18-21 of the Code of
Metropolitan Dade County, Florida, as heretofore and hereafter
amended, insofar as the same may be applicable, without the
necessity of creating and establishing a special taxing
district embracing the geographical area specially benefited by
the improvements constituting the DCM Project. The proceeds of
said special assessments shall be used to pay and be pledged to
pay the principal of and the interest upon the wade Conty,
Florida, DCM Project Revenue Bonds as authorized and issued
pursuant to this Ordinance, and to defray the administrative
cost of creating the Project, including the processing,
handling and collecting of the special assessments to me levied
within the Project Area.
Section 9. The issuance of Dade County, Florida, DCM
Project Revenue Bonds in a principal amount not exceeding
$27,000,000 is hereby approved and authorized and the cost of
acquisition and construction of the said DCM Project shall be
paid from the proceeds thereof together with other proceeds
already granted or committed for grant by the federal
government through the Urban Mass Transit Administration
(UMTA), the state government through the Florida Department of
Transportation (Florida DOT) and the City of Miami. The form
of the bonds and all other characteristics and details
pertaining to these bonds shall be set forth in a separate Bond
Ordinance to be subsequently considered and acted upon by the
13r.)ard. The proceeds from the sale of said bonds shall be
deposited into a fund hereby created and designated the "DCM'
Special Assessment Project Fund". The period of indebtedness
of the said bonds shall be 15 years from the date of issuance,
and the terms of payment of the bonds shall require and provide
82'805
14 Jernate
Page No. 9
for an annual amount in special assessments sufficient to meet
annual debt service requirements for principal and interest
payback and to meet the administrative costs of the Project,
including the levying and collection of special assessments
through annual assessment rolls.
Section 10. Any payment of principal of and interest
on said bonds issued pursuant to this Ordinance or to the
subsequently enacted. Bond Ordinance described in the preceding
paragraph shall be payable from and secured only by the
proceeds of the special assessments collected from propertle
specially benefited within the DCM Special Assessment Project
Area. Such bonds shall not contain any provisions pleciying the
County's faith and credit or its taxing power, nor shall such
bonds be construed as pledging either the faith and credit or
taxing power of Dade County for their payment.
Sect ion 11. In the event of a def au l t by Lkide County
in the payment of the principal of or the interest due on a
Dade County, Florida, DCM Project Revenue Bond as authorized
herein and in the Bond Ordinance to be subsequently enacted,
the holder or holders thereof shall have available all remedies
at law and equity to satisfy payment of principal or interest
or both, but only from the "DCM Special Assessment Project
Fund" herein referred to. There shall be no right to require
the levy of any tax for the purpose of paying the principal of
or interest on any or all bonds authorizer) herein. No such
default shall De declared to nave occurred until after a lapse
of a period of thirty (30) days from any payment due date. The
terms of payment of said Bonds shall include the privilege of
prepayment by the County without penalty on any payment date.
Section 12. The County Attorney or the County's
Special Counsel for the DCM Special Assessment Project Fund is
hereby authorized and directed to render an opinion (a) as to
the validity 'of the issuance of the Bonds as authorized herein
Aernate
Page No. 9
for an annual amount in special assessments sufficient to meet
annul debt service requirements for principal and interest
payback and to mesa the administrative costs of the Project,
including the levying and collection of special assessments
through annual assessment rolls.
Section 10. Any payment of principal of and interest
on said bonds issued pursuant to tnis Ordinance or to the
subsequently enacted. bond Ordinance described in the preceding
paragraph shall be payable from and secured only by the
proceeds of the special assessments collected from properties
specially benefited within the DCM Special Assessment Project
Area. Such bonds shall not contain any provisions ple(.gi-,g the
County's faith and credit or its taxing power, nor stall such
bonds be construed as pledging either the faith and credit or
taxing power of bade County for their payment.
Section 11. In the event of a default by Dade County
in the payment of the principal of or the interest due on a
Dade County, Florida, DCM Project Revenue Bond as authorized
herein and in the bond Ordinance to be subsequently enacted,
the holder or holders thereof shall have available all remedies
at law and equity to satisfy payment of principal or interest
or both, but only from the "DCM Special Assessment Project
Fund" herein referred to. There shall be no right to require
the levy of any tax for the purpose of paying the principal of
or interest on any or all bonds authorizes! herein. No sucri
default small oe declared to nave occurred until after a lapse
of a' period of thirty (30) days from any payment due date. The
terms of payment of said Bonds shall include the privilege of
prepayment by the County without penalty on any payment date.
Section 12. The County Attorney or the County's'
Special Counsel for the DCM Special Assessment Project Fund is
hereby authorized and directed to render an opinion (a) as to
the validity of the issuance of the bonds as authorized herein
i82-eU3
It A.* rna to
Page No. 10
and in the Bond Ordinance to be subsequently enacted and (b) as
to the tax-exempt status of said Bonds. The County Attorney or
the County's Special Counsel for the DCM Special Assessment
Project is further authorized and directed to tare proper
proceedings for the validating of the bonds authorized by this
Ordinance and the detailed Bond Ordinance to be subsequently
enacted.
Section 13. If for any reason not within the control
of Dade County, the Bonds authorized herein are not validated
within. three (3) years from the date of this Ordinance, or if
the County Attorney or the County's Special Counsel for the DCM
Special Assessment Project does not render the opinion as to
validity referred to in Section 12 above within the said three
(3) years, U3de County shall remit and return to bondnoIders
all monies they have advanced to Dace County for the express
purpose of constructing and establishing the rail transit
system described herein within the "DCM Special Assessment
Project Area", which remittance and return shall be made from
the account of Dade County known as the "DCM Special Assessment
Project Fund".
Section 14. A separate special assessment roll for
the special assessment project area shall be prepared
immediately following the issuance of the DCM Project Revenue
Bonds and in each year thereafter. These annual assessment
rolls shall show the number of net leasable square feet in the
project area as of January 1 of each year during which DCM
Project Revenue Bonds are outstanding. The special assessments
levied and imposed in each year shall be based on the number of
net leasable square feet existing within each separate
assessable property. For purposes of this Ordinance net
leasable square feet shall mean the number of gross square feet
comprising the improved real property as measured by the Dade
County Property Appraiser, less an adjustment for common areas
44 Ake rnate
Page No. 11
such as elevator shafts, stairwells and other areas not
specifically rentable. In determining the number of net
leasable square feet within each benefited parcel of unimproved
real property within the project area, vacant lands shall t,c
assessed only for the square footage of their lots.
The annual special assessment rolls shall be prepared
in accordance with the provisions of Section 18-14 of the Dade
County Code of Ordinances except as may be modified herein.
Section 15. Each annual special assessment against
real property specially benefited by the construction of the
rail transit system in the DCM Special Assessment Project Area
may be paid at the office of the Finance Director of Dade
County or his designee, in accordance with Section 18-14(7) of
the Code of Ordinances of Metropolitan Dade County, within
thirty (30) days after the date of the recording of the
assessment roll, without interest. All owners of property
within the Project Area shall be mailed notices of their
Special Assessments on the date of the recording of the annual
•3:se:-,smL:nt roll. Thereafter each annual ar;!:vssment ::hall b,,
payable with interest at not less than a rate of seven and
one-half per centum (7-1/2%) per annum from the expiration of
said thirty (30) day period in each calendar year; however, in
no case shall the interest be less than one percent (le) above
the County's borrowing rate for the project; and provided
further, that any annual assessment may be paid at any time
before due, together with interest accrued thereon to the date
Of payment, but no discounts shall be allowed regardless of the
time of such payment. It is estimated that the cost per net
leasable square foot of real property in the first year in
which Special Assessments are levied will be 27¢ anu 200 in the'
year thereafter with such cost per net leasable square foot
expected to diminish in each succeeding year as the number of
net leasable square feet in the Project Area increases.
11182-li;05
A.rnate
Page No. 12
Section 16. In the event there are delinquencies in
the payment of special assessments by benefited properties and
their owners, the County pledges to ta►ce all legal action
necessary promptly to collect such special assessments, which
assessments shall constitute a lien against the parcel of
property assessed, pursuant to the Code of Metropolitan Dade
County and applicable State statutes, and in particular to
pursue those remedies set forth in Section 18-14(8) of the
County's Code of Ordinances.
Section 17. The County Manager is authorized and
directed to cause the construction and installation of the said
rail transit system project known as the DCM Pro],:ct to be
accomplished within the project area in accordance with the
provisions of this Ordinance.
Section 18. The County Manager is further directed to
cause to be prepared and filed with the Clerk of the County
Co-m.nission a Preliminary Assessment Roll for the first year of
special assessments and in each subsequent year in which U0,
Special Assessment Project Revenue Bonds are outstanding in
accordance with the provisions of Section 18-14 of the Cooe of
Metropolitan Dade County, Florida.
Section 19. The County Manager and the Finance
Director are hereby authorized to do all acts and things which
may be required of them in order to carry into effect the
provisions of this Ordinance.
Section 20. The provisions of Chapter 18 of the Code
ul Ordinances of Metropolitan Dade county shall govern and be
effective with regard to the DCM Special Assessment Project,
save and except when in conflict with provisions of this
Ordinance in which event the latter shall govern and control.
Section 21. Tne provisions of this Ordinance shall
take effect subsequent to confirmation after public nearing as
provided by Chapter 18, Section 21, of the Code of Metropolitan
AlVrnato
Page No. 13
Dade County, Florida, and then either ten (10) days following
the filing of this Ordinance with the Clerk of the Circuit
Court, or the filing with the Clerk of the consent and approval
of the City of Miami as required by Section 18-2 of the Code of
Metropolitan Dade County, whichever is the later; provided
however that Sections 9, 10, 11 and 12 of this Ordinance shall
only become effective at the same time that the Bond Ordinance
described in Section 9 hereof is enacted and becomes effective.
PASSED AND ADOPTED: `
Approved by County Attorney a���,` j\
to form and legal sufficiency.
599BA071962
-13-
82-805
0
EXHIBIT E
15
1:o;:ard V. Gary
City ME na7er
�OSE !!1 11c.`1anus
�:ctinc Di-ector
Plann'. '-
���. Depart::.e::�
July 19, 1.982 L�
Pesolution Apprc-:1,il,,1 a
Dc;•:nto-::n Componc.,t of
Mctrorail Special 'assessment
Project Area
It that the Commission
approve the creation of a "Special
Assess:r.ent Prc jest Area of De,.;ntown
Co:npener.t of Metrorail" within the
service area to benefit from the
Cor'pcnent of 'Votrorail and
urce ti-:. t the Board of Ccunty
Co,,', :i.ssicners authorize the sneci.al
assess-ent, per the attached resolution.
A Special Assessment District is proposed by Metropolitan
Daue County Transportation Administration to fund a 15 year
revenue bond issue to net $20 million to finance a portion
of the $86 million .,.estinrhouse construction contract for the
1.9 mile long Downte•:in Component of Metrorail. Assessn"ents
will be at the rat` of 29C per square foot of net leasable
floor area times the. 16.8 million square feet of leasable
col:,r1.ercial, residential and parkinq facility space located
in the district to yield $4.9 million per year to retire the
$30.3 revenue bond issue.
Since the Special. Assessment Project Area lies wholly within
the City of Miami, the approval of the City Commission is re-
quired in order to create the Special Assessment Area. The
Planning Department recommends this action as being consistent
with commission cc:-,.:::i.tment to the Dot:ntown Component of 110tr.o-
ra i.l project.
It is further yt.,quested that this item be listed on the City
for Plailllinq and 7onin<Items of July 29, 1982.
Att,, ch-.ent
cc:
tr to
0
Special Assessment Project Area for Downtown Component of METRORAIL
YVArlow" 00 NO �� rrIM 91W ,
a
n
Z
1
ST
hE
al
ow
pq
\ 11 WEST 1 I aL A T [aSr T �� co
._f
LIT ST SC 1 15�� ST
N
DENOTES 8OUNOARV Of THIS 1• ACT
PROPOSEO STATION
-- PROP03LO ROUTE OR ALIGNMENT
111110 Ilk
i
Resolution No. 10 —(
A RESOLUTION ENDORSING THE EQUITABLE
IMPLEMENTATION OF A SPECIAL ASSESSMENT
ON BENEFITTING DOWNTOWN PROPERTIES AS
PART OF THE FULL FUNDING PACKAGE FOR
THE DEVELOPMENT OF THE DOWNTOWN COM-
PONENT OF METRORAIL.
WHEREAS, private sector financial participation is a prerequisite for federal
funding of the Downtown Component of MetroraiI; and
WHEREAS, the Metropolitan Dade County Commission has passed ordinance No. 82-72
creating a special assessment district of properties thit wiII benefit frcm the
existence and operation of the Downtown Component of Mt-•troraiI.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF THE DOWNTOWN DEVELOPMENT AUTHORITY
OF THE CITY OF MIAMI, FLORIDA, that:
1. The special assessment district created
by Metropol i tan Dade County Co;,vmiss ion
Ordinance No. 82-72 is hereby endorsed.
2. It is recommended to the Metropolitan Dade
County Commission that the implementation
of the special assessment be achieved in
an equitable manner after the concerns
of -the City Commission and affected property
owners are taken into consideration.
PASSED AND ADOPTED THIS 13th Day of August, 1982.*
ATTEST: A
Tomi Jay tul z
Executive Secretary
Vd-��
Mayor Maurice A. Ferre, Chairman
y F. Kenzie, Executive Director
Mayor Ferre did not participate in this vote since the matter will
be before the City Commission for action in September, 1982.
82 - 8 05