Loading...
HomeMy WebLinkAboutMemo - Office of the City AttorneyTO: Honorable Mayor and Members of the City Commission FROM d B. ainnon City Clerk CITY OF MIAMI, FLORIDA DATE: September 11, 2Q15 FILE: SUBJECT: Wynwood 131D Expansion Petition Process REFERENCES: ENCLOSURES: Certification of Results On July 23, 2015, the Miami City CoiTmission passed Resolution R-15-0342, 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, The petition 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 and petition to register their support of the expansion. Furthermore, both documents were required to be notarized and 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 Pat individual folio owned which required a corresponding petition supporting the expansion. All affidavits and corresponding petitions 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 Thursday., August 13, 2015. Finally, a non -vote by any affected property owner was to be considered a "no" -vote. On Thursday, August 13, 2015, 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 fifty-two (652) affected properties of the proposed expansion of the Wynwood BID, a total of three hundred (300) affidavits with corresponding petitions had been filed with the Office of the City Clerk, Two hundred and fifty-seven (257.) of the three hundred (300) filed affidavits with corresponding petitions received by the deadline were determined to be properly executed and. deerned valid.. Forty-three (43) of the three hundred (300) filed affidavits with corresponding petitions received before the deadline were determined to be improperly executed and therefore deemed invalid, Seven (7) affidavits with corresponding petitions were received after the deadline and therefore not counted. Furthermore, of the six hundred and fifty-two (652) properties eligible to vote in the petition process, three hundred and forty-five (345) properties did not submit an affidavit with corresponding petition, and therefore were considered to be non -votes and thus deemed "no" votes. Taking into account the aforementioned information, two hundred and fifty-seven (257) valid affidavits with corresponding petitions filed represent 39% of the properties within the proposed expansion of the Wynwood BID and therefore do not represent a majority of 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-15-0342. For your information, the City Clerk's certification of the petition process to expand the boundaries of the Wynwood BID has been placed on the September 24, 2015, City Commission agenda. cc: Daniel J. Alfonso, City. Manager Victoria Mendez, City Attorney Joe Ruiz, Assistant City Attorney Julia Hernandez, Agenda Coordinator Tom.Curitore, Rxecutive Director, Wynwood BID CERTIFICATION AND DECLARATION OF RESULTS OF THE PETITION PROCESS TO EXPAND THE BOUNDARIES OF THE WYNWOOD BUSINESS IMPROVEMENT DISTRICT STATE OF FLORIDA COUNTY OF MIAMI-DADE ) 1, 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 petition 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 a petition process that included having property owners, or their designee, sign an affidavit authorizing the execution of the petition to expand the Wynwood BID boundaries, in addition to signing a petition in support of the Wynwood BID expansion. All affidavits and petitions were required to be submitted to the Office of the City Clerk no later than 5:00 P.M, on Thursday, August 13, 2015, On July 23, 2015, the Miami City Commission passed Resolution R-15-0342, 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-15-0342. 11, The petition 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 and petition to register their support of the expansion. Furthermore, both documents were required to be notarized and 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 which required a corresponding petition supporting the expansion. All affidavits and corresponding petitions 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 Thursday, August 13, 2015. Finally, a non -vote by any affected property owner was to be considered a "no' vote. 111. 1 further certify that on Thursday, August .:3, 2015, 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 fifty-two (652) affected properties of the proposed expansion of the Wynwood BID, a total of three hundred (300) affidavits with corresponding petitions had been filed with the Office of the City Clerk, IV. Two hundred and fifty-seven (257) of the three hundred (300) filed affidavits with corresponding petitions received by the deadline were determined to be properly executed and deemed valid, Forty-three (43) of the three hundred (300) filed affidavits with corresponding petitions received before the deadline were determined to be improperly executed and therefore deemed invalid. Seven (7) affidavits with corresponding petitions were received after the deadline and therefore not counted. Furthermore, of the six hundred and fifty- two (652) properties eligible to vote in the petition process, three hundred and forty-five (345) properties did not submit an affidavit with corresponding petition, and therefore were considered to be non -votes and thus deemed "no" votes. V. I further certify that the two hundred and fifty-seven (257) valid affidavits with corresponding petitions filed represent 39% 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-15-0342. WITNESS my hand and the official seal of the City of Miami, Florida, this 1081 day of September, 2015. wpm I Todd B. Hannon City Clerk Sworn to and subscribed before me this 10th day of September, 2015, by rodd B. Hannon, who is personally known to me and did take an oath. a. \,,ignature of Notary Public NoWtv POWS'a" -4 Mme -Sndra Foroes MyaCamMMW *1/2017 Ee 877366 o2 Name of Notary TypeVrinted or Stamped