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HomeMy WebLinkAboutExhibit - Cert & Declaration of ResultsEXHIBIT CERTIFICATION AND DECLARATION OF RESULTS OF THE AFFIDAVIT PROCESS TO EXPAND THE BOUNDARIES OF THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT STATE OF FLORIDA COUNTY OF MIAMI-DADE ) I, Todd B. Hannon, City Clerk of the City of Miami, Florida, do hereby certify that all necessary legal steps were taken in connection with the conduct of the affidavit process to expand the boundaries of the Wynwood Business Improvement District (Wynwood BID). The Wynwood BID opted to obtain approval of affected property owners through an affidavit process that included having property owners, or their designee, sign an affidavit supporting and approving being included within the proposed boundaries of the Wynwood BID. All affidavits were required to be submitted to the Office of the City Clerk no later than 5:00 P.M. on Friday, February 24, 2017. I. On September 22, 2016, the Miami City Commission passed Resolution R-16-0459, establishing new boundaries for the Wynwood BID; in addition to authorizing the levy and collection of a special assessment for a period of ten (10) years subject to the approval of a majority of affected property owners within the newly established boundaries of the Wynwood BID as identified in Composite Exhibit A of Resolution R-16-0459. II. The affidavit process, per agreement between the Wynwood BID, Office of the City Attorney and Office of the City Clerk, involved the Wynwood BID mailing all affected property owners an affidavit to register their support of the expansion. Furthermore, the affidavit was required to be filed with the Office of the City Clerk for the property owners, or their designees, vote to be counted. Affected property owners were entitled to one (1) affidavit per individual folio owned. All affidavits were either to be hand delivered or mailed to the Office of the City Clerk and received no later than 5:00 P.M. on Friday, February 24, 2017. Finally, a non -vote by any affected property owner was to be considered a "no" vote. III. I further certify that on Friday, February 24, 2017, at 5:00 P.M., the agreed upon deadline for the City Clerk to have received all affidavits and petitions from owners of the six hundred and sixty-nine (669) affected properties of the proposed expansion of the Wynwood BID, a total of three hundred and ninety (390) affidavits had been filed with the Office of the City Clerk. IV. Two hundred and fifty-five (255) of the three hundred and ninety (390) filed affidavits received by the deadline were determined to be properly executed and Page 1 of 2 EXHIBIT deemed valid. One hundred and thirty five (135) of the three hundred and ninety (390) filed affidavits received before the deadline were determined to be improperly executed and therefore deemed invalid. Two (2) affidavits were not listed on the assessment roll and therefore not counted. Furthermore, of the six hundred and sixty-nine (669) properties eligible to vote in the petition process, two hundred and seventy-nine (279) properties did not submit an affidavit, and therefore were considered to be non -votes and thus deemed "no" votes. V. I further certify that the two hundred and fifty-five (255) valid affidavits filed represent 38% of the properties within the proposed expansion of the Wynwood BID and therefore do not represent a majority of the affected property owners required for the expansion to be approved as stipulated in Resolution R-16-0459. WITNESS my hand and the official seal of the City of Miami, Florida, this 10th day of March, 2017. Todd B. Hannon City Clerk Sworn to and subscribed before me this 10th day of March, 2017, by Todd B. Hannon, who is personally known to me and did take an oath. Signature of No is ry Public Name of Notary Typed, Printed or Stamped Page 2 of 2