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HomeMy WebLinkAboutExhibit AEXHIBIT A CERTIFICATION AND DECLARATION OF RESULTS OF THE AFFIDAVIT PROCESS TO RE-ESTABLISH THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) CITY OF MIAMI 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 re-establish the Wynwood Business Improvement District (hereinafter referred to as "Wynwood BID") pursuant to Chapter 170, Florida Statutes. The Wynwood BID opted to obtain approval of affected property owners through an affidavit process that included having property owners, or their authorized designee, execute an affidavit(s) to re-establish the Wynwood BID. I. On April 13, 2023, the Miami City Commission passed Resolution R-23-0157, to re-establish 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 established boundaries of the Wynwood BID as identified in Composite Exhibit A of Resolution R-23-0157. 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 providing all affected property owners an affidavit to register their support of the re-establishment of the Wynwood BID. Furthermore, the affidavits were required to be notarized and filed with the Office of the City Clerk for the property owners, or their authorized designees, vote to be counted. Affected property owners were entitled to submit a valid affidavit per folio before the deadline. All affidavits were either to be hand delivered or mailed to the Office of the City Clerk and received by Friday, May 5, 2023, at 5:00 P.M. Finally, a non -vote by any affected property owner was to be considered a "no" vote. III. I further certify that on Friday, May 5, 2023, at 5:00 P.M., one hundred ninety- five (195) affidavits were submitted by the deadline. One hundred ninety-four (194) of the one hundred ninety-five (195) affidavits submitted were identified on the property assessment roll provided by the Wynwood BID. The one (1) affidavit that was not identified on the property assessment roll could not be located using either the folio number or property address listed on the affidavit. On Thursday, May 11, 2023, an email was sent by the Wynwood BID Executive Director to the Office of the City Clerk indicating that this affidavit Page 1 of 2 was associated with a multi -family home and not part of the property assessment roll associated with the Wynwood BID. As a result, the affidavit was deemed invalid. IV. Of the remaining one hundred ninety-four (194) affidavits that were identified on the property assessment roll, one hundred eighty-five (185) were deemed valid and therefore accepted. Nine (9) affidavits were deemed invalid for the following reasons: Six (6) of the affidavits were deemed invalid because the property associated with each affidavit was owned by multiple owners and the affidavit submitted for each property did not reflect every owner. Three (3) folios had two (2) affidavits submitted for each folio. As a result, there were three (3) duplicate affidavits that were deemed invalid. V. Furthermore, of the three hundred eighty-four (384) properties listed in the property assessment roll provided by the Wynwood BID as eligible to vote in the affidavit process, one hundred ninety (190) properties did not submit an affidavit, and therefore were to be considered non -votes and thus deemed "no" votes. VI. Therefore, I certify that the one hundred eighty-five (185) affidavits deemed valid represents 48.18% of the properties eligible to vote in the affidavit process and therefore does not represent a majority of the affected property owners required for the re-establishment to be approved as stipulated in Resolution R-23-0157. WITNESS my hand and the official seal of the City of Miami, Florida, this 12th day of May, 2023. Sworn to and subscribed before me this 12th day of Ma who is personally known to me and did take an oath. 4Y P4•., SANDRA FORGES _°; ., Notary Public - State of Florida •,, ! i o`; Commission # HH 132700 ` .„pt. ..... My Comm. Expires May 23, 2025 Bonded through National Notary Assn. annon City Clerk 2023, by Todd B. Hannon, re of Notary Public Name of Notary Typed, Printed or S.amped Page 2 of 2