Ordinance 88-2628 ORDINANCE NO. 88-2678
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY
OF MIAMI BEACH CHAPTER 22 , BY ADDING ARTICLE IV AND
CREATING A LOCAL GOVERNMENT NEIGHBORHOOD
IMPROVEMENT DISTRICT PURSUANT TO SECTION 59,
CHAPTER 87-243 , LAWS OF FLORIDA, TO BE KNOWN AS THE
MIAMI BEACH SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT
NO. 3 WITHIN AN AREA CONTAINING APPROXIMATELY 620
ACRES AND COMPRISED OF THE NORTH SHORE RESIDENTIAL
DISTRICT AREA AS INDICATED IN THE ATTACHED MAP,
ATTACHED HERETO AS EXHIBIT "A" ; PROVIDING FOR A
REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Whereas, Section 58 , Chapter 87-243 , Laws of the State of
Florida provides that the governing body of a municipality may
adopt an ordinance authorizing the formation of Safe Neighborhood
Improvement Districts in accordance with the provisions of the
"Safe Neighborhoods Act" .
Whereas, the City Commission of the City of Miami Beach,
Florida has adopted Ordinance No. 88-2605 authorizing the creation
of Safe Neighborhood Improvement Districts within the City of Miami
Beach.
Whereas, the City' s Department of Economic and Community
Development has recommended the creation of a Local Neighborhood
Improvement District, for the area comprised of the North Shore
Residential District.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1: THAT A NEW ARTICLE IV OF CHAPTER 22 OF THE MIAMI
BEACH CITY CODE BE CREATED TO READ AS FOLLOWS:
Article IV: Creation and naming of District 3 .
(A) A Local Government Neighborhood Improvement District No.
3 is hereby created pursuant to Section 59 , Chapter 87-243 , Laws
of the State of Florida to include approximately 620 acres in an
area comprised of the North Shore Residential District as indicated
in the map attached hereto as Exhibit "A" and by reference made a
part hereof.
(B) The Local Government Neighborhood Improvement District
created hereby shall be known as the "City of Miami Beach Safe
Neighborhood Improvement District No 3" .
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(C) Finances.
(1) The Local Government Neighborhood District created hereby
is authorized to apply for and receive from the Florida Department
of Community Affairs up to $250, 000 for a planning grant and up to
an additional $30, 000 to employ the services of technical experts.
(2) The District may utilize a maximum of two mills ad
valorem taxes or special assessments on real property within the
District.
(D) Board of Directors.
(1) The City Commission of the City of Miami Beach is hereby
designated as the Board of Directors of the District.
(2) The Board of Directors shall engage in some or all of
the activities specified in Section 62 , Chapter 87-243 , Laws of
the State of Florida. The Board of Directors is empowered to
undertake any and all activities specified in Section 63 , Chapter
87-243 , Laws of the State of Florida.
(E) Advisory Board.
(1) An Advisory Board is hereby established for the Local
Government Neighborhood Improvement District created hereby. The
Advisory Board shall be composed of no fewer than nine members who
shall be owners of real property located in the District, or
residents of the District or merchants/business persons with their
primary places of business located within the District. The
members of the Advisory Board shall be appointed by, and shall
serve at the pleasure of, the Board of Directors.
(2) The Advisory Board shall perform such duties as may be
prescribed by the Board of Directors and shall submit within the
time period specified by the Board of Directors, a report on the
Districts proposed activities and a proposed budget to accomplish
the Districts objectives. In formulating a plan for services or
improvements, the Advisory Board shall consult, in public session
with the appropriate staff and consultants of the City of Miami
Beach responsible for preparation of the District' s plan.
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SECTION 2 . REPEALER
All Ordinances or parts in conflict herewith be and the same are
hereby repealed.
SECTION 3. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity
of the remaining portions of this ordinance.
SECTION 4 . EFFECTIVE DATE
This ordinance shall take effect ten (10) days after its adoption,
on October 2 , 1988 .
PASSED and ADOPTED this 22nd day of September , 1988.
,01."
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ATTEST:
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/ 1st Reading - September 7, 1988
2nd Reading - September 22, 1988
Form Approved:
Legal Department
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EXHIBIT A
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ATTACHED TO ORDINANCE #
PREPARED BY THE CITY OF MIAMI BEACH PLANNING DEPARTMENT
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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. L ',
September 7, 1988
DATE:
TO: Mayor Alex Daoud and
Members of the City Commission
FROM: Rob W. Parkin ►,
City Manager
A
SUBJECT: AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
CREATION OF A "SAFE NEIGHBORHOOD IMPROVEMENT
DISTRICT" ENCOMPASSING THE RESIDENTIAL DISTRICT
OF THE NORTH SHORE AREA, WITHIN THE CITY OF
MIAMI BEACH.
Background:
Chapter 87-213 of the Florida Statutes, the "Crime Prevention and
Control Act" has been recently enacted by the State Legislature.
Sections 55-73 of this Chapter, known as the "Safe Neighborhood
Act" , addresses the issue of crime prevention and control through
environmental design and planning.
Local Improvement Districts formed under the provision of the Act
and through their governing bodies, may apply for planning grants
from the Safe Neighborhood Trust Fund administered by the Department
of Community Affairs of the State of Florida.
During 1988 , the City of Miami Beach has been successful in
obtaining two planning and one technical assistance grant for a
total sum of $166, 500. These grants, which had to be matched by the
City on a one-to-one basis, apply to two Safe Neighborhood
Improvement Districts, recently established for this purpose by the
City. District 1 covers 820 acres comprising the area south of Dade
Boulevard, while District 2 covers 280 acres comprising the
commercial district of North Shore.
Current Status:
As part of the implementation process underway to fulfill the
requirements of these grants, the City of Miami Beach has performed
the following tasks:
1. The City Commission established Board of Directors for each of
the two districts. Advisory Boards have been named and have
already met.
2 . Staff has been hired to coordinate and execute the technical
aspects of the project, and a team formed across departmental
lines;
3 . Consultants, which will provide technical assistance to this
program, have been identified and are being asked to formulate
proposals;
4. Initial progress reports have been submitted to the State of
Florida Department of Community Affairs for the purpose of
obtaining initial payments from the State under these grants.
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AGENDA - E
ITEM 3
1 DATE
As indicated above, only the commercial district of the North Shore
area was included in the original planning grant. However, there
have been numerous requests on the part of residents of the
residential districts of North Shore for the City to take actions
leading to a measurable increase in safety through crime prevention;
some of these requests included closing off streets and improved
lighting.
It is the Administration's position that the residential districts
of North Shore, comprising 620 acres and including Normandy Isle,
Biscayne Point and Stillwater Drive, could benefit substantially
from the planning process associated with the Safe Neighborhood Act.
The State' s Department of Community Affairs has informed the
Administration that the State will receive planning grant
applications for second cycle funding, for which there is allocated
an amount similar to the original cycle of funding. Deadline for
application submittals has been tentatively set for October 3 .
DCA staff has indicated that the City of Miami Beach has strong
possibilities to qualify for a second cycle planning grant, provided
that we meet all of the requirements outlined in the new
regulations. These regulations require the establishment of new
districts; additional funding of existing districts is specifically
ruled out.
To meet this basic qualification requirement, the City of Miami
Beach would establish, through a separate ordinance, the Safe
Neighborhood Improvement District No. 3 , comprising the residential
areas of North Shore, as indicated in Exhibit "A" , attached to the
proposed ordinance. Furthermore, this ordinance must be approved in
second reading before the deadline for submission of the grant
application.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the accompanying Ordinance be
adopted.
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