Public Notice of City of Miami Beach Resolution 2015-28992
PUBLIC NOTICE
CITY OF MIAMI BEACH
Pursuant to Florida Statutes § 170.05, notice is hereby given that, on April 15, 2015, the Mayor
and City Commission of the City of Miami Beach approved the following Resolution:
RESOLUTION 2015-28992
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, CREATING, SUBJECT TO THE APPROVAL OF A
MAJORITY OF THE AFFECTED PROPERTY OWNERS, A SPECIAL
ASSESSMENT DISTRICT TO BE KNOWN AS THE LINCOLN ROAD
BUSINESS IMPROVEMENT DISTRICT, FOR A TERM OF TEN (10) YEARS,
TO STABILIZE AND IMPROVE THE LINCOLN ROAD RETAIL BUSINESS
DISTRICT, WHICH IS LOCATED WITHIN A NATIONALLY RECOGNIZED
HISTORIC DISTRICT, THROUGH PROMOTION, MANAGEMENT,
MARKETING, AND OTHER SIMILAR SERVICES (THE “SERVICES”);
PROVIDING FOR THE LEVY AND COLLECTION OF SPECIAL
ASSESSMENTS IN THE AMOUNT OF $1,426,237 PER YEAR; INDICATING
THE LOCATION, NATURE, AND ESTIMATED COST OF THOSE SERVICES
WHOSE COSTS ARE TO BE DEFRAYED BY THE SPECIAL ASSESSMENTS;
PROVIDING THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS
SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL ASSESSMENTS
SHALL BE MADE; DESIGNATING THE LANDS UPON WHICH THE SPECIAL
ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR PUBLICATION OF
THIS RESOLUTION; AND AUTHORIZING RELATED ACTIONS.
WHEREAS, the Lincoln Road Property Owners Association, Inc. (“LRPOA”) is a Florida
non profit corporation, which is tax exempt under section 501(c)(6) of the Internal Revenue
Code, and represents a group of property owners of real estate in the vicinity of, abutting, or
located on Lincoln Road; and
WHEREAS, Chapter 170, Florida Statutes, authorizes any municipality, subject to the
approval of a majority of the affected property owners, to levy and collect special assessments
against property benefited for the purpose of stabilizing and improving retail business districts,
wholesale business districts, or nationally recognized historic districts, or any combination of
such districts, through promotion, management, marketing, and other similar services; and
WHEREAS, on December 17, 2014, and as sponsored by Commissioner Michael
Grieco, the Mayor and City Commission approved Resolution No. 2014-28881, attached hereto
and incorporated herein as Exhibit “A,” which, in pertinent part, authorized the City Manager’s
Office and City Attorney’s Office to work with the LRPOA for the purpose of establishing a
special assessment district pursuant to Chapter 170, Florida Statutes, in order to stabilize and
improve the Lincoln Road retail business district, which is located within a nationally recognized
historic district, through promotion, management, marketing, and other similar services; and
WHEREAS, the special assessments levied within the proposed special assessment
district, to be known as the “Lincoln Road Business Improvement District” (the “District”), shall
be used to provide the services described in Exhibit “B,” attached hereto and incorporated
herein (the “Services”); and
WHEREAS, the District is bounded on the west by Alton Road; on the east by
Washington Avenue; on the north by 17th Street; and on the south by Lincoln Lane South;
provided, however, that the following properties shall be excluded and exempted from such
District: (1) residential properties; (2) properties owned or occupied by a religious institution and
used as a place of worship or education (as defined in Section 170.201(2), Florida Statutes);
and (3) common areas owned by condominium associations; and
WHEREAS, the Mayor and City Commission hereby determine that it is in the best
interest of the City, and of the District, to provide, or cause to be provided, the Services for the
District and, as such, wish to defray the cost of the Services by levying special assessments
upon the affected properties within the District (“Assessments”); and
WHEREAS, the Mayor and City Commission further determine that special benefits shall
accrue to the properties within the District from the Services, and that the Assessments shall be
made in proportion to the benefits received, all as set forth in the preliminary assessment roll
attached hereto and incorporated herein as Exhibit “C”; and
WHEREAS, the Mayor and City Commission have determined that the Assessments to
be levied shall not exceed the special benefits to the affected properties within the District.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, THAT
SECTION 1: All findings and recitals contained in this Resolution are hereby adopted
and incorporated herein.
SECTION 2: Pursuant to the provisions of Chapter 170, Florida Statutes, the Mayor and
City Commission hereby authorize a special assessment to be levied and collected, and hereby
create a special assessment district, to be known as the “Lincoln Road Business Improvement
District,” for a term of ten (10) years, subject to the approval of the majority of the affected
property owners in the District, for the purposes of stabilizing and improving the Lincoln Road
retail business district, which is located within a nationally recognized historic district, through
promotion, management, marketing, and other similar services.
SECTION 3: The boundaries of the proposed District are as follows: All lots and lands
adjoining and contiguous or bounding and abutting upon such improvements or specially
benefited thereby and further designated by the Assessment Plat, attached hereto and
incorporated herein as Exhibit “D.”
SECTION 4: The nature of the Services is set forth in Exhibit “B,” attached hereto and
incorporated herein.
SECTION 5: The total estimated cost of the Services to be funded by the proposed
Assessments is approximately $1,426,237 per year.
SECTION 6: The Assessments shall be levied in accordance with the applicable
provisions of Chapter 170, Florida Statutes, for the purposes of defraying the cost of the
Services, as described in Exhibit “C,” and in accordance with the assessment methodologies in
Exhibit “E,” attached hereto and incorporated herein.
SECTION 7: At the time of adoption of the Resolution by the Mayor and City
Commission, there shall be on file with the City Clerk the Assessment Plat, showing the area to
be assessed; a description of the Services; and an estimate of the cost of the Services, which
documents shall be open to inspection by the public.
SECTION 8: Following approval of this Resolution, the City Administration is hereby
authorized and directed to cause to be made a preliminary assessment roll, as promptly as
possible, which shall show the properties assessed by folio number; the amount of benefit to
each property; and the special assessments against each property assessed by folio number.
SECTION 9: The assessment shall be payable in one installment per year to the
Finance Director of the City, or the Finance Director’s designee, on such date as shall be
contained in a bill to be mailed to each property owner within the District at least thirty (30) days
prior to the due date, and following the confirmation by the Mayor and City Commission of the
Final Assessment Roll. Installments 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 10: Upon completion of the preliminary assessment roll, the Mayor and City
Commission shall adopt a subsequent resolution to fix a time and place at which the owners of
the property to be assessed or any other persons interested therein may appear before the
Mayor and City Commission and be heard as to the propriety and advisability of the
Assessments or the provision of the Services, the costs thereof, the manner of payment
therefor, or the amount thereof to be assessed against each lot so serviced, all in accordance
with Chapter 170, Florida Statutes.
SECTION 11: The City Clerk is hereby directed to cause this Resolution to be published
once a week for a period of two weeks in a newspaper of general circulation published in Miami-
Dade County.
SECTION 12: The Resolution shall become effective upon the date of its adoption
herein, provided, however, that if the proposed special assessment does not receive the
approval of a majority (50% plus one) of the affected property owners pursuant to an election to
be duly conducted by the City Clerk, the Resolution shall be null and void.
Copies of Resolution 2015-28992 and the exhibits referenced therein, including a map of the
boundaries of the proposed Lincoln Road Business Improvement District, can be accessed via
http://www.miamibeachfl.gov/cityclerk/elections/default.aspx?id=83356. Further information can
be obtained from the Office of the City Clerk at 1700 Convention Center Drive, Miami Beach,
Florida, 33139 or by calling 305.673.7411.
To request this material in alternate format, sign language interpreter (five-day notice required),
information on access for persons with disabilities, and/or any accommodation to review any
document or participate in any City-sponsored proceedings, call 305.604.2489 and select 1 for
English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service).
Rafael E. Granado
City Clerk
Ad No. 1025