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Home My WebLink AboutR-14-0167City of Miami Legislation Resolution: R-14-0167 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-00338 Final Action Date: 5/8/2014 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), FIXING A FINAL ASSESSMENT ROLL FOR THE FLAGLER STREET SPECIAL ASSESSMENT DISTRICT ("FLAGLER STREET DISTRICT"); 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 FLAGLER STREET DISTRICT. 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, on March 27, 2014, the City Commission adopted Resolution No. 14-0114, wherein it created the Flagler Street Special Assessment District ("Flagler Street District"), for a period of one (1) year; and WHEREAS, Resolution No. 14-0114 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 March 27, 2014, the City Commission adopted Resolution No. 14-0115, fixing Thursday, May 8, 2014, 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 March 28, 2014, 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 City of Miami Page 1 of 4 File Id: 14-00338 (Version: 3) Printed On: 12/29/2017 File Number: 14-00338 Enactment Number: R-14-0167 WHEREAS, Resolution No. 14-0114 was published on April 9, 2014, 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 April 18, 2014, 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. 14-0115, was published in the Miami Herald on April 20, 2014 and April 27, 2014; and WHEREAS, verification of such publications was made by affidavit of the publishers and filed with the City Clerk's Office; and WHEREAS, the City Commission met on May 8, 2014 at 2:00 p.m. as set forth in Resolution No. 14-0167, 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 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. 14-0115, are approved as set forth in Exhibit C, and a Final Assessment Roll with boundaries as follows shall be filed with the City Clerk's Office: The eight hundred (800) lots and lands on Exhibit C, attached and incorporated by this reference, adjoining and contiguous or bounding and abutting upon Flagler Street between Biscayne Boulevard and Northwest First Avenue, Miami, Florida, as designated by the assessment plat hereinafter provided in Exhibit A, attached and incorporated by this reference; 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 District, is hereby created for a period of one (1) year, with boundaries to be as set forth in Exhibit A, attached and incorporated by this reference, for the purpose of completing the "Work", as detailed in the recitals. Section 3. The total estimated cost of the Work, as detailed in Exhibit B, attached and incorporated by this reference, is approximately Twelve Million Dollars ($12,000,000.00), part of which is to be funded by the proposed special assessments equaling One Million Dollars ($1,000,000.00), and special assessments shall be levied in accordance with the applicable provisions of Chapter 170, City of Miami Page 2 of 4 File Id: 14-00338 (Version: 3) Printed On: 12/29/2017 File Number: 14-00338 Enactment Number: R-14-0167 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 4. The assessment shall be payable to the Finance Director of the City of Miami ("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 D; 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 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 Flagler Street District 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 Flagler Street between Biscayne Boulevard and Northwest First Avenue, Miami, Florida. Section 6 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, include additional properties in the district, or change the boundaries of the district. Section 7. 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 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, Florida Statutes, 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} City of Miami Page 3 of 4 File Id: 14-00338 (Version: 3) Printed On: 12/29/2017 File Number: 14-00338 Enactment Number: R-14-0167 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. City of Miami Page 4 of 4 File Id: 14-00338 (Version: 3) Printed On: 12/29/2017