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2016-29498 Reso RESOLUTION NO. 2016-29498 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ENDORSING, AS REQUIRED PURSUANT TO SECTION 18-2 OF THE MIAMI-DADE COUNTY CODE, THE CREATION BY MIAMI-DADE COUNTY OF SPECIAL TAXING DISTRICTS FOR DI LIDO ISLAND AND SAN MARINO ISLAND, RESPECTIVELY, FOR THE UNDERGROUNDING OF OVERHEAD UTILITIES, SUBJECT TO AND CONTINGENT UPON COMPLIANCE WITH AND SATISFACTION OF THE REQUIREMENTS FOR THE CREATION OF SPECIAL TAXING DISTRICTS, AS SET FORTH IN CHAPTER 18 OF THE MIAMI-DADE COUNTY CODE. WHEREAS, the Venetian Island Homeowners Association ("HOA") has approached the City of Miami Beach about the creation of special taxing districts to fund the undergrounding of overhead utilities on Di Lido and San Marino Islands (the "Districts"). Specifically, the HOA seeks to relocate underground the following overhead utilities: electric (FPL), telephone (AT&T), and cable television (Atlantic Broadband); and WHEREAS, the relocation underground of overhead utilities protects utility services during severe weather conditions, and enhances the aesthetic appearance of neighborhoods; and WHEREAS, Section 18-2 of the Miami-Dade County Code provides that no special taxing district created pursuant to Chapter 18 "shall be comprised solely of a municipality or embrace all or part of a municipality without the approval of the governing body of such municipality." As such, the prior approval of the Mayor and City Commission is required before the County may create the requested Districts. The HOA has requested that the City provide the requisite approval by adopting this Resolution; and WHEREAS, upon the County's successful creation of the Districts, the City and County would need to enter into an interlocal agreement, pursuant to which the County would fund the upfront costs associated with relocating the utilities underground and managing the construction of the project; and WHEREAS, in addition to the proposed City Resolution (which is the only action required of the City pursuant to Chapter 18 of the County Code), the County Code requires that either the County Mayor or 50% of the property owners within the proposed Districts sign a petition requesting the establishment of the Districts; and WHEREAS, upon receipt of such petition, the County Clerk shall transmit a copy to the County Manager, who shall examine the petition and file a written report with the Clerk; and WHEREAS, if the County Manager finds that the petition meets the requirements of Chapter 18, the County Manager shall conduct a cost and feasibility study and prepare a report that meets the specific requirements set forth in Section 18-3(c) of the County Code. Once the report is finalized, the County Clerk shall set a public hearing for the Board of County Commissioners to hear testimony, consider any objections, and determine whether to grant the petition to create the Districts; and WHEREAS, following the public hearing, if the Board of County Commissioners decides to grant the petition, it shall adopt an ordinance establishing the Districts; and WHEREAS, though the County will finance the project and levy and collect the special assessments, it is anticipated that the City will manage the construction of these improvements. For this reason, an interlocal agreement will be required; and WHEREAS, the total cost of the project will include estimates from the utility companies, financial consultant fees, and the reimbursable expenses of the HOA. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby endorse, as required pursuant to Section 18-2 of the Miami-Dade County Code, the creation of special taxing districts for Di Lido Island and San Marino Island, respectively, for the undergrounding of overhead utilities, subject to and contingent upon compliance with and satisfaction of the requirements for the creation of special taxing districts, as set forth in Chapter 18 of the Miami-Dade County Code. PASSED AND ADOPTED this /3 day of July, 201. a .•'' � •• c er eNI/1 Ok P140E E NE, MAYOR Cw `w ATTEST: I '_"•``w : *° v INCORP ORATED- • -� RAFAEL . GRA, ADO,t1TY$CL;ER,(''': J! APPROVED AS TO T:\AGENDA\20161JuIy\Public Works\Taxing district. RESO.docx FORM & LANGUAGE &FOR EXE UTION .2i2.2(( City A •+- Date COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Endorsing, As Required Pursuant To Section 18-2 Of The Miami-Dade County Code, The Creation By Miami-Dade County Of Special Taxing Districts For Di Lido Island And San Marino Island, Respectively, For The Undergrounding Of Overhead Utilities, Subject To And Contingent Upon Compliance With And Satisfaction Of The Requirements For The Creation Of Special Taxing Districts, As Set Forth In Chapter 18 Of The Miami-Dade County Code. Key Intended Outcome Supported: Build and maintain priority infrastructure with full accountability Item Summary/Recommendation: The Venetian Island Homeowners Association("HOA")has approached the City of Miami Beach about the creation of special taxing districts to fund the undergrounding of overhead utilities on Di Lido and San Marino Islands (the "Districts"). Specifically, the HOA seeks to relocate underground the following overhead utilities: electric (FPL), telephone(AT&T), and cable television (Atlantic Broadband). Section 18-2 of the Miami-Dade County Code provides that no special taxing district created pursuant to Chapter 18 "shall be comprised solely of a municipality or embrace all or part of a municipality without the approval of the governing body of such municipality."As such,the prior approval of the Mayor and City Commission is required before the County may create the requested Districts.The HOA has requested that the City provide the requisite approval by adopting this Resolution. Uporr the County's successful creation of the Districts, the City and County would need to enter into an interlocal agreement, pursuant to which the County would fund the upfront costs associated with relocating the utilities underground and managing the construction of the project. In addition to the proposed City Resolution (which is the only action required of the City pursuant to Chapter 18 of the County Code), the County Code requires that either the County Mayor or 50% of the property owners within the proposed Districts sign a petition requesting the establishment of the Districts. Upon receipt of such petition,the County Clerk shall transmit a copy to the County Mayor,who shall examine the petition and file a written report with the Clerk. If the County Mayor finds that the petition meets the requirements of Chapter 18,the County Mayor shall conduct a cost and feasibility study and prepare a report that meets the specific requirements set forth in Section 18-3(c)of the County Code. Once the report is finalized, the County Clerk shall set a public hearing for the Board of County Commissioners to hear testimony, consider any objections, and determine whether to grant the petition to create the Districts. Following the public hearing, if the Board of County Commissioners decides to grant the petition, it shall adopt an ordinance establishing the Districts. Costs Though the County will finance the project and levy and collect the special assessments, it is anticipated that the City will manage the construction of these improvements. For this reason, an interlocal agreement will be required. The total cost of the project will include estimates from the utility companies, financial consultant fees, and the reimbursable expenses of the HOA. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Advisory Board Recommendation: n/a Financial Information: Source of Amount Account Approved Funds: 1 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Eric Carpenter, Public Works X6012 Sign-Offs: Assistant Department Assistant City City Manager Director Manager e -‘IN JJF ETC JLM T:WGENDA\2016\July\Public Works\Palm and Hibiscus Special Taxing Districts.Summary.docx MIAMI BEACH Agenda Item Date -7-13-16 CI= MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: July 13, 2016 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ENDORSING, AS REQUIRED PURSUANT TO SECTION 18-2 OF THE MIAMI-DADE COUNTY CODE, THE CREATION BY MIAMI-DADE COUNTY OF SPECIAL TAXING DISTRICTS FOR DI LIDO ISLAND AND SAN MARINO ISLAND, RESPECTIVELY, FOR THE UNDERGROUNDING OF OVERHEAD UTILITIES, SUBJECT TO AND CONTINGENT UPON COMPLIANCE WITH AND SATISFACTION OF THE REQUIREMENTS FOR THE CREATION OF SPECIAL TAXING DISTRICTS,AS SET FORTH IN CHAPTER 18 OF THE MIAMI-DADE COUNTY CODE. ANALYSIS The Venetian Island Homeowners Association ("HOA") has approached the City of Miami Beach about the creation of special taxing districts to fund the undergrounding of overhead utilities on Di Lido and San Marino Islands (the"Districts"). Specifically, the HOA seeks to relocate underground the following overhead utilities: electric (FPL), telephone (AT&T), and cable television (Atlantic Broadband). Section 18-2 of the Miami-Dade County Code provides that no special taxing district created pursuant to Chapter 18 "shall be comprised solely of a municipality or embrace all or part of a municipality without the approval of the governing body of such municipality." As such, the prior approval of the Mayor and City Commission is required before the County may create the requested Districts. The HOA has requested that the City provide the requisite approval by adopting this Resolution. Upon the County's successful creation of the Districts,the City and County would need to enter into an interlocal agreement, pursuant to which the County would fund the upfront costs associated with relocating the utilities underground and managing the construction of the project. In addition to the proposed City Resolution (which is the only action required of the City pursuant to Chapter 18 of the County Code), the County Code requires that either the County Mayor or 50% of the property owners within the proposed Districts sign a petition requesting the establishment of the Districts. Upon receipt of such petition,the County Clerk shall transmit a copy to the County Mayor,who shall examine the petition and file a written report with the Clerk. If the County Mayor finds that the petition meets the requirements of Chapter 18,the County Mayor shall conduct a cost and feasibility study and prepare a report that meets the specific requirements Commission Memorandum DeLido and San Marino Islands Special Taxing Districts July 13, 2016 Page 2 of 2 set forth in Section 18-3(c) of the County Code. Once the report is finalized, the County Clerk shall set a public hearing for the Board of County Commissioners to hear testimony, consider any objections, and determine whether to grant the petition to create the Districts. Following the public hearing, if the Board of County Commissioners decides to grant the petition, it shall adopt an ordinance establishing the Districts. Costs Though the County will finance the project and levy and collect the special assessments, it is anticipated that the City will manage the construction of these improvements. For this reason, an interlocal agreement will be required. The total cost of the project will include estimates from the utility companies, financial consultant fees, and the reimbursable expenses of the HOA. CONCLUSION The Administration recommends approval of the Resolution endorsing the creation by Miami-Dade County of special taxing districts on Di Lido and San Marino Islands for the undergrounding of overhead utilities. JLM/ETC/BAM/JJF T:\AGENDA\20161July\Public Works\Palm and Hibiscus Special Taxing Districts Memo.doc