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HomeMy WebLinkAboutCertification and Declaration of ResultsCity of Miami G1TY QF �y Legislation t ° Resolution: R-18-0513 File Number: 5033 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 11/15/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), OFFICIALLY ACKNOWLEDGING THE CITY CLERK'S CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULTS FOR THE AFFIDAVIT PROCESS CONDUCTED PURSUANT TO RESOLUTION NO. 18-0294 DURING THE PERIOD OF JULY 13, 2018 THROUGH OCTOBER 15, 2018 FOR THE RE- ESTABLISHMENT OF A SPECIAL ASSESSMENT DISTRICT AREA TO BE KNOWN AS THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Commission hereby officially acknowledges the City Clerk's Certification of the Canvass and Declaration of Results of the City of Miami's affidavit process, attached and incorporated as Exhibit "A," conducted pursuant to Resolution No. 18-0294 during the period of July 13, 2018 through October 15, 2018 for the re- establishment of a special assessment district area to be known as the Coconut Grove Business Improvement District. Section 2. This Resolution shall become effective immediately upon its adoption.' APPROVED AS TO FORM AND CORRECTNESS: f i ria i ; nddezz�Cit`y ttor ey 11/ 18 ' Acknowledgement of election results are administrative acts which do not require the Mayor's Signature. City of Miami Page 1 of 1 File ID: 5033 (Revision:) Printed On: 12/13/2018 EXHIBIT "A" CERTIFICATION AND DECLARATION OF RESULTS OF THE AFFIDAVIT PROCESS TO RE-ESTABLISH THE COCONUT GROVE 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 re-establish the Coconut Grove Business Improvement District (hereinafter referred to as "Coconut Grove BID"). The Coconut Grove 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 Coconut Grove BID. All affidavits were required to be submitted to the Office of the City Clerk no later than 5:00 P.M. on Monday, October 15, 2018. On July 12, 2018, the Miami City Commission passed Resolution R-18-0294, to re-establish the Coconut Grove 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 Coconut Grove BID as identified in Composite Exhibit A of Resolution R-18-0294. Il. The affidavit process, per agreement between the Coconut Grove BID, Office of the City Attorney and Office of the City Clerk, involved the Coconut Grove BID mailing all affected property owners an affidavit to register their support of the re-establishment of the Coconut Grove 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 one (1) valid affidavit per individual folio owned before the deadline. 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 Monday, October 15, 2018. Finally, a non -vote by any affected property owner was to be considered a "no" vote. Ill. I further certify that on Monday, October 15, 2018, at 5:00 P.M., the agreed upon deadline for the City Clerk to have received all affidavits from owners of the two hundred and twenty-nine (229) affected properties of the proposed re-establishment of the Coconut Grove BID, a total of one hundred and sixty- five (165) affidavits had been filed with the Office of the City Clerk and are open to inspection by the public. Pagel of 2 IV. One hundred and forty (140) of the one hundred and sixty-five (165) filed affidavits received by the deadline were determined to be properly executed and deemed valid. Twenty-five (25) of the one hundred and sixty-five (165) filed affidavits received before the deadline were determined to be improperly executed and therefore deemed invalid. Twenty-three (23) of the twenty-five (25) affidavits originally deemed invalid were corrected by the property owner, or their authorized designee, by submitting a new affidavit before the deadline that was properly executed and therefore deemed valid. As a result, only two (2) affidavits were deemed invalid after the deadline. Furthermore, of the two hundred and twenty-nine (229) properties eligible to vote in the affidavit process, eighty-seven (87) 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 one hundred and forty (140) affidavits deemed valid represent 61% of the properties located within the boundaries of the Coconut Grove BID and therefore represent a majority of the affected property owners required for the re-establishment to be approved as stipulated in Resolution R-18-0294. WITNESS my hand and the official seal of the City of Miami, Florida, this 19th day of October, 2018. �--tom----� Hannon City Clerk Sworn to and subscribed before me this 19th day of October 2018, by Todd B. Hannon, who is personally known to me and did take an oath. Page 2 of 2 re of Notary Public Name of Notary Typed, Printteq or Stamped SANDRAFORGES No" Public - State of Flaida ' U commission # GG 084618 PP: My comm. Ex*es Mar 19. 2021 Bww Nwal NotM Assn. Name of Notary Typed, Printteq or Stamped