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- Resolution
File Number: 09-01120a Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION
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NO. 09-0478, ADOPTED OCTOBER 8, 2009, IN ITS ENTIRETY, AND
THEREFORE, PURSUANT TO SECTION 170.07 FLORIDA STATUTES, FIXING
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THURSDAY, JANUARY 28, 2010 AT 2:00 P.M. AT CITY HALL, LOCATED AT 3500
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PAN AMERICAN DRIVE, MIAMI, FLORIDA 33133, AS THE TIME AND PLACE AT
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WHICH THE OWNERS OF THE PROPERTY TO BE ASSESSED PURSUANT TO
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THE PRELIMINARY ASSESSMENT ROLL ATTACHED TO RESOLUTION NO.
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09-0421, ADOPTED SEPTEMBER 10, 2009, AND ON FILE WITH THE CITY OF
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MIAMI CLERK'S OFFICE, OR ANY OTHER PERSONS INTERESTED THEREIN,
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MAY APPEAR BEFORE THE MIAMI CITY COMMISSION AND BE HEARD AS TO
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THE PROPRIETY AND ADVISABILITY OF MAKING THE IMPROVEMENTS, AS
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TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFORE,
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AND AS TO THE AMOUNT THEREOF TO BE ASSESSED AGAINST EACH
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PROPERTY SO IMPROVED, AS SET FORTH IN RESOLUTION NO, 09-0421.E
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BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. Resolution 09-0478, adopted October 8, 2009, is hereby rescinded, and therefore,
pursuant to Section 170.07, Florida Statutes, the Miami City Commission fixes Thursday, January 28,
2010 at 2:00 p.m. at City Hall, located at 3500 Pan American Drive, Miami, Florida 33133, as the time
and place at which the owners of the property to be assessed pursuant to the preliminary assessment
roll attached to Resolution No. 09-0421, adopted September 10, 2009, and on file with the City of
Miami Clerk's Office, or any other persons interested therein, may appear before the Miami City
Commission and be heard as to the propriety and advisability of making the improvements, as to the
cost thereof, as to the manner of payment therefore, and as to the amount thereof to be assessed
against each property so improved, as set forth in Resolution No. 09-0421.
Section 2. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {1 }
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY ,
og 01/20a - Legl dc�t o n SU d
City of Miami Page 1 of 2 Printed On: 12/2/2009
File Number: 09-01120a
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten
calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the City.
THIS DOCUMENT IS A
SUBSTITUTION TO ORIGINAL
BACKUP. ORIGINAL CAN BE SEEN
AT THE END OF THIS DOCUMENT.
City of Miami Page 2 of 2 Printed On: 12/2/2009
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City of Miami 3500 Pan American
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Resolution
File Number: 09-01120a
Final Action Date:
A RESOLUTION OF THE MIAMI CIN COMMISSION, WITH ATTACHMENT(S),
FIXING A FINAL ASSESSMENT ROLL FOR THE ROCKERMAN CANAL SPECIAL
ASSESSMENT DISTRICT ("ROCKERMAN CANAL SAD"); AND ESTABLISHING
THE TIME AND MANNER FOR PAYMENT OF THE SPECIAL ASSESSMENT TO
THE CITY OF MIAMI FOR PURPOSES OF FUNDING THE IMPROVEMENTS
BENEFITING THE ROCKERMAN CANAL SAD.
WHEREAS, Chapter 170, Florida Statutes (2007) provides that a municipality may levy and
collect special assessments against property benefited for the purpose of ordering the repair,
excavation and stabilization of canals and providing for improvements to permit the passage and
navigation of watercraft (the "Work"); and
WHEREAS, on September 10, 2009, the City Commission adopted Resolution No. 09-0421,
wherein it created the Rockerman Canal Special Assessment District ("Rockerman Canal SAD"), for a
period of four (4) years; and
WHEREAS, Resolution No. 09-0421 included a preliminary assessment plat showing the area
to be assessed, with plans and specifications, and an estimate of the cost of the proposed Work, all
which were open to the inspection of the public; and
WHEREAS, on October 8, 2009, the City Commission adopted Resolution No. 09-0478, fixing
Thursday, November 19, 2009, at 2:00 p.m. at City Hall, located at 3500 Pan American Drive, Miami,
Florida, 33133, as the time and place at which the owners of the property to be assessed pursuant to
the preliminary assessment roll, or any other persons interested therein may appear before the City
Commission and be heard as to the propriety and advisability of making the improvements, the cost
thereof, as to the manner of payment therefore, and as to the amount thereof to be assessed against
each property so improved; and
WHEREAS, on October 20, 2009, thirty (30) days written notice was given to such property
owners by mailing a copy of the notice and including the amount of the assessment to each property
owner at his or her last known address; and
WHEREAS, Resolution No. 09-0421 was published on October 2, 2009, in the Daily Business
Review; and
WHEREAS, proof of mailing of the required thirty (30) days notice was made by affidavit of the
City Clerk on November 6, 2009, a copy of which is on file with the City Clerk's Office; and
WHEREAS, notice of the time and place of the hearing, as set forth in Resolution No. 09-0478
was published in the Daily Business Review on November 5, 2009 and November 12, 2009; and
WHEREAS, verification of such publications was made by affidavit of the publishers and filed
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File Number. 09-01120a
with the City Clerk's Office; and
WHEREAS, the City Commission met on November 19, 2009 at 2:00 p.m. as set forth in
Resolution No. 09-0478 and heard testimony from affected property owners as to the propriety and
advisability of making the improvements and funding them with special assessments on property; and
WHEREAS, following such testimony, the City Commission, found that subject to some
modifications, the assessment had been fairly and reasonably apportioned amongst the properties that
will receive the special benefit and decided to levy the special assessments; and
WHEREAS, the City Commission met as an equalization board to hear and consider any and
all complaints as to the special assessment; and
WHEREAS, the assessments set forth in Resolution No. 09-0421 are approved as set forth in
Exhibit B-2, and a Final Assessment Roll with boundaries as follows shall be filed with the City Clerk's
Office:
The fifteen (15) residential lots and lands on Exhibit A, attached and incorporated by this
reference, adjoining and contiguous or bounding and abutting upon Rockerman Road, South
Bayshore Drive and the Rockerman Canal, as designated by the assessment plat hereinafter provided
in Exhibit B-2, attached and incorporated by this reference.; and
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 adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. Pursuant to the provisions of Chapter 170 Florida Statutes (2008), a special
assessment is hereby authorized to be levied and collected and a special assessment district to be
known as the Rockerman Canal Special Assessment District ("Rockerman Canal SAD"), is hereby
created for a period of four (4) years, with boundaries to be as set forth in Exhibit A, attached and
incorporated by this reference, for the purpose of ordering the repair, excavation and stabilization of
canals and providing for improvements to permit the passage and navigation of watercraft (the
"Work").
Section 3. The total estimated cost of the Work, as detailed in Exhibit B-1, attached and
incorporated by this reference, is approximately Seven Hundred Five Thousand Dollars ($705,000.00),
half of which is to be funded by the proposed special assessments equaling Three Hundred Fifty Two
Thousand, Five Hundred Dollars ($352,500.00), and special assessments shall be levied in
accordance with the applicable provisions of Chapter 170, Florida Statutes, for the purposes of
defraying a portion of the costs of Work, and based upon the assessment methodology as set forth in
Exhibit B-2, attached and incorporated by this reference.
Section 4. The assessment shall be payable to the Finance Director of the City on such date
as shall be contained in a bill to be mailed to each property owner within the Rockerman Canal SAD at
least thirty (30) days prior to the due date, and within thirty (30) days following the confirmation by the
Commission of the Final Assessment Roll, as more specifically set forth in Exhibit B-1; installment not
paid when due shall become due and payable in accordance with statutory provisions and shall remain
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liens, coequal with the lien of all state, county, district, and municipal taxes, superior in dignity to all
other liens, titles, and claims, until paid, and shall bear interest, at such rate or rates as specified in
Section 170.09, Florida Statutes.
Section 5. The proposed Rockerman Canal SAD area upon which the special assessments
shall be levied, shall incorporate the total area set forth in the map attached as Exhibit A and shall
reflect the geographic boundaries adjoining and contiguous or bounding and abutting upon
Rockerman Road, South Bayshore Drive and the Rockerman Canal.
Section 6. The special assessment shall be levied and collected for a four (4) year period and
another resolution of the City Commission would be required prior to the termination of such four (4)
year period to determine whether to continue the special assessment or include additional properties in
the district or change the boundaries of the district.
Section 7. In accordance with Chapter 170, F.S. there is on file with the City Clerk at the time
of the adoption of this Resolution, a Final Assessment Plat showing the area to be assessed, with
plans and specifications, and an estimate of the cost of the Work, which shall be open to inspection by
the public.
Section 8. In accordance with Chapter 170, F.S., there is on file with the City Clerk at the time
of the adoption of this Resolution, a Final Assessment Roll showing the lots to be assessed, the
amounts of benefits to the properties to be assessed, and the assessments against each lot, both as
confirmed by the City Commission.
Section 9. The City Manager, the City Clerk, the Finance Director, and other necessary City
officials, after consultation with the City Attorney, are authorized(1 } and directed to undertake all
necessary actions and procedures to take such actions as contemplated by this Resolution.
Section 10.This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.(2)
APPROVED AS TO FORM AND CORRECTNESS:
JULIE 0. BRU -�
CITY ATTORNEY
Footnotes:
(1) The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
(2) if the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City.
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