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HomeMy WebLinkAboutR-14-0114City of Miami Legislation Resolution: R-14-0114 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-00235 Final Action Date: 3/27/2014 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL ASSESSMENT DISTRICT TO BE KNOWN AS THE FLAGLER STREET SPECIAL ASSESSMENT DISTRICT; AUTHORIZING THE LEVY AND COLLECTION OF A SPECIAL ASSESSMENT FOR A PERIOD OF ONE (1) YEAR PURSUANT CHAPTER 170, FLORIDA STATUTES (2013); PROVIDING FOR NATURE AND ESTIMATE OF BENEFITS TO BE PROVIDED; PROVIDING DETAILS OF ASSESSMENT PROCEDURES, PAYMENTS, AND STATUTORY LIENS; PROVIDING FOR PUBLICATION OF LEGAL NOTICE; AUTHORIZING AND DIRECTING THE CITY MANAGER, THE CITY CLERK, THE FINANCE DIRECTOR, AND ALL OTHER NECESSARY CITY OFFICIALS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO UNDERTAKE ALL NECESSARY ACTIONS AND PROCEDURES TO ACCOMPLISH THE PURPOSE SET FORTH IN THIS RESOLUTION IN ACCORDANCE WITH CHAPTER 170 FLORIDA STATUTES. WHEREAS, Chapter 170, Florida Statutes (2013), provides that a municipality may levy and collect special assessments against property benefited for the purpose of providing for the construction, reconstruction, repair, paving, repaving, hard surfacing, rehard surfacing, widening, guttering, and draining of streets, boulevards, and alleys; for grading, regrading, leveling, laying, relaying, paving, repaving, hard surfacing, and rehard surfacing of sidewalks; and in connection with any of the foregoing, provide related lighting, landscaping, street furniture, signage, and other amenities as determined by the governing authority of the municipality; order the construction, reconstruction, repair, renovation, excavation, grading, stabilization, and upgrading of sanitary sewers, storm sewers, and all or part of a comprehensive stormwater management system, including the necessary appurtenances and structures thereto and including, but not limited to, dams, weirs, and pumps; order the construction or reconstruction of water mains, water laterals, including the necessary appurtenances thereto; pay for the relocation of utilities, including the placement underground of electrical, telephone, and cable television services ("Work"); and WHEREAS, the City of Miami ("City") and the property owners abutting Flagler Street in Downtown Miami, Florida, have determined that the most appropriate means of performing the Work to improve Flagler Street is the establishment of a special assessment district to be known as the Flagler Street Special Assessment District ("Flagler Street District"); and WHEREAS, the special assessment district concept is based on a partnership between the City and property owners, with funding to be generated by a special assessment to be levied on property owners within a specified geographic area for the purpose of funding the Work; and WHEREAS, the boundaries of the proposed Flagler Street District are as follows: The eight hundred (800) lots and lands on "Exhibit A", attached and incorporated by this reference, adjoining and contiguous or bounding and abutting upon Flagler Street between Biscayne Boulevard and Northwest First Avenue, as designated by the assessment plat City of Miami Page 1 of 4 File Id: 14-00235 (Version: 2) Printed On: 12/26/2017 File Number: 14-00235 Enactment Number: R-14-0114 hereinafter provided in "Exhibit D", attached and incorporated by this reference; and WHEREAS, property owned or occupied by the City or other governmental entities are exempt from the assessment; WHEREAS, the City Commission hereby finds that the assessment has been fairly and reasonably apportioned amongst the properties that will receive the special benefit; 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 (2013), a special assessment is hereby authorized to be levied and collected and a special assessment district to be known as the Flagler Street Special Assessment District ("Flagler Street District"), is hereby created for a period of one (1) year, with boundaries to be as set forth in "Exhibits A-1 ", attached and incorporated by this reference, for the purpose of providing for the construction, reconstruction, repair, paving, repaving, hard surfacing, rehard surfacing, widening, guttering, and draining of streets, boulevards, and alleys; for grading, regrading, leveling, laying, relaying, paving, repaving, hard surfacing, and rehard surfacing of sidewalks; and in connection with any of the foregoing, provide related lighting, landscaping, street furniture, signage, and other amenities as determined by the governing authority of the municipality; order the construction, reconstruction, repair, renovation, excavation, grading, stabilization, and upgrading of sanitary sewers, storm sewers, and all or part of a comprehensive stormwater management system, including the necessary appurtenances and structures thereto and including, but not limited to, dams, weirs, and pumps; order the construction or reconstruction of water mains, water laterals, including the necessary appurtenances thereto; pay for the relocation of utilities, including the placement underground of electrical, telephone, and cable television services ("Work"). Section 3. The total estimated cost of the Work, as detailed in "Exhibit B", attached and incorporated by this reference, is approximately Ten Million Dollars to Twelve Million Dollars ($10,000,000.00 to $12,000,000.00), One Million Dollars ($1,000,000.00) of which is to be funded by the proposed special assessments, and the remainder to be funded in equal parts by the City and Miami -Dade County. Section 4. The special assessment 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 C", attached and incorporated by this reference. Section 5. 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 Flagler Street District at least thirty (30) days prior to the due date, and at least thirty (30) days following the confirmation by the Commission of the Final Assessment Roll, as more specifically set forth in "Exhibit B-1", assessments not paid when due shall become due and payable in accordance with statutory provisions and shall remain liens, coequal with the lien of all state, county, district, and municipal City of Miami Page 2 of 4 File Id: 14-00235 (Version: 2) Printed On: 12/26/2017 File Number: 14-00235 Enactment Number: R-14-0114 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 6. The levying of the assessment shall be contingent upon receipt of a funding commitment from Miami -Dade County. Section 7. The proposed Flagler Street District area upon which the special assessments shall be levied, shall incorporate the total area set forth in the map attached as "Exhibit A-1" and shall reflect the geographic boundaries adjoining and contiguous or bounding and abutting upon Flagler Street between Biscayne Boulevard and Northwest First Avenue. Section 8. The special assessment shall be levied and collected for a one (1) year period and another resolution of the City Commission would be required prior to the termination of such one (1) 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 9. In accordance with Chapter 170, Florida Statutes, there is on file with the City Clerk at the time of the adoption of this Resolution, an 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 10. In accordance with Chapter 170, Florida Statutes, there is on file with the City Clerk at the time of the adoption of this Resolution, a Preliminary Assessment Roll showing the lots to be assessed, the amounts of benefits to the properties to be assessed, and the assessments against each lot, which shall be considered at a future duly advertised Public Hearing to be held by the City Commission, at a time and place to be set in a separate Resolution, at which time the City Commission shall hear as an equalizing board all parties in regard to the proposed assessment, and after making any adjustments that the City Commission may deem appropriate, the Final Assessment Roll will be confirmed by a Resolution of the City Commission. Section 11. This Resolution herein creating a special assessment district shall be advertised following its adoption. Section 12. 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 13. This Resolution shall become effective immediately upon its adoption herein and signature of the Mayor.{2} Footnotes: City of Miami Page 3 of 4 File Id: 14-00235 (Version: 2) Printed On: 12/26/2017 File Number: 14-00235 Enactment Number: R-14-0114 {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 Commission. City of Miami Page 4 of 4 File Id: 14-00235 (Version: 2) Printed On: 12/26/2017