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Ordinance 87-2582 ORDINANCE NO. 87-2582 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING SECTIONS 29 AND 30 OF THE MIAMI BEACH CITY CHARTER GOVERNING "LOCAL IMPROVEMENTS GENERALLY" BY INCLUDING ThEREIN IMPROVEMENTS FOR THE PURPOSE OF STABILIZING AND IMPROVING RETAIL AND/OR WHOLESALE BUSINESS DISTRICTS AND/OR NATIONALLY RECOGNIZED HISTORIC DISTRICTS THROUGH PROMOTION, MANAGEMENT, MARKETING AND OTHER SIMILAR SERVICES IN BUSINESS DISTRICTS OF THE CITY OF MIAMI BEACH ; DELETING PROVISIONS GOVERNING POSTING OF PLANS, SPECIFICATIONS, AND ESTIMATES OF LOCAL IMPROVEMENT AND PROVISION GOVERNING POSTING NOTICE CALLING FOR SEALED BIDS ; PROVIDING THAT LOCAL IMPROVEMENT ASSESSMENTS MAY BE DETERMINED BY FRONT FOOTAGE OR BY SUCH OTHER METHOD AS THE CITY COMMISSION MAY PRESCRIBE, SUBSTITUTING THE CITY FINANCE DIRECTOR FOR THE CITY CLERK AS THE INDIVIDUAL RESPONSIBLE FOR HANDLING OF THE LOCAL IMPROVEMENT ASSESSMENT ROLL; PROVIDING THAT LOCAL IMPROVEMENT PROJECTS NOT BONDED SHALL BE PAID FOR FROM SPECIAL ASSESSMENTS LEVIED AGAINST THE AFFECTED PROPERTIES ; PROVIDING THAT BONDS ISSUED HEREUNDER SHALL NOT BE PAYABLE OUT OF THE GENERAL REVENUES OF THE CITY OF MIAMI BEACH BUT SHALL BE PAYABLE SOLELY OUT OF THE SPECIAL ASSESSMENTS ; PROVIDING THAT SAID BONDS NEED NOT BE APPROVED BY THE ELECTORATE PROVIDING THAT THE CITY COMMISSION IS AUTHORIZED TO LEVY AN ANNUAL SPECIAL TAX UPON ALL AFFECTED TAXABLE PROPERTY WITHIN THE AREA TO BE IMPROVED FOR REPAYMENT OF SAID BONDS; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI Byr C:7 FT ORIDA SECTION I: That Sections 29 and 30 of the City Charter of the City of Miami Beach, Florida are hereby amended to read as follows: Secs. 29 and 30. Local improvements generally. Editor' s note. --The letters enclosed in parentheses in this section were not a part of the original Act. They were inserted here for the purpose of clarification. (a) The city commission is hereby authorized and empowered in the manner herein provided to cause any waterway within said city to be bulkheaded; to cause groynes or jetties to be constructed along the shore and into the Atlantic Ocean to protect the main land from the effects of tides and winds; to cause boardwalks or other walks or seawalls to be constructed in its public parks and upon or along any property of said city, or in which it has a perpetual easement, or which is dedicated to said city or the public along or near the shore of the Atlantic Ocean; to cause any and all highways, by whatever designation they may be known, or any part thereof, to be lighted, graded, paved, repaved, macadamized, remacadamized and to cause curbs and gutters to be constructed thereupon, and sanitary sewers, storm 1 sewers and other drains to be laid or constructed in any such highway, or part thereof, and/or in any right of way or easement granted to or acquired by said city or any dedicated way; to cause improvements for the purpose of stabilizing and improving retail and/or wholesale business districts and/or nationally recognized historic districts through promotion, management, marketing and other similar services in business districts of the City of Miami Beach, and to provide for the payment of the cost thereof. (b) In this section certain words and phrases will be used with the following meanings, unless other meaning is plainly intended: The main divisions of this section are sometimes herein termed paragraphs, and the divisions of paragraphs are sometimes herein termed subparagraphs. A local improvement is an improvement defined by this section and made under the provisions thereof. The word city commission shall be deemed to refer to the city commission of the City of Miami Beach. The term "front footage" shall refer to the number of feet of property abutting the improvement. A highway is a public way, embracing a street, boulevard, avenue, lane, alley, parkway, court, terrace and place, but not embracing a sidewalk. A sidewalk is a path for pedestrians along a highway. A storm sewer is a conduit above or below the ground, for the passage of storm water, and may embrace a pumping station and outlet where deemed necessary, and may also embrace the building of culverts over or enclosing of streams where necessary or advisable to carry off storm water. A sanitary sewer is an underground conduit for the passage of sewage and may embrace a pumping station and outlet where deemed necessary. A curb sewer is a sanitary sewer at or near a curb instead of at or near the middle of a highway. A lateral is a pipe connecting a sewer main with the line of adjacent property or the curb line, as the city commission may prescribe, being either a sewer lateral or a water lateral, but does not include a building connection, that is, a pipe extending from a lateral at the property line or curb line to the house or plumbing fixture on the property. An easement is a right of way granted by one or more property owners to or acquired by the City of Miami Beach, granted or acquired for use in laying, constructing and maintaining sewers, conduits, drains, groynes, seawalls, board or other walks and shall include easements created by dedication. A white way light is a system of ornamental posts and 2 ornamental lamps with connections for supplying electric energy therefor. A groyne or jetty is a structure extending from the main land into water to prevent the washing away of land or to regulate accretion. A seawall is a structure to prevent the overflow of water and damage to land or other property. Improvements authorized to be made under the provisions of this Act are divided into s3.: eight classes, as follows: Class 1: Highway improvements embrace the grading, paving, repaving, macadamizing and remacadamizing of highways with necessary drainage, sewer inlets, manholes and catch basins, and if the city commission so orders, may embrace curbs and gutters. Class 2 : Sidewalk improvements embrace grading and construction of sidewalks, and, if the city so orders, may embrace curbs and gutters. Class 3 : Sanitary sewers embrace the construction of sanitary sewers, the relaying, where necessary, of streets and sidewalks necessarily torn up or damaged and, if the city commission so orders, the laying of sewer laterals as a separate improvement or as a part of the main improvement. Class 4 : Storm sewer improvements embrace the construction of storm sewers, the relaying, where necessary, of streets and sidewalks necessarily torn up or damaged, and, if the city commission so orders, the laying of sewer laterals as a separate improvement or as a part of the main improvement. Storm sewer improvements may also embrace the building of culverts over or enclosing of streams where necessary or advisable to carry off storm water. The word "sewer" includes both sanitary and storm sewers unless a contrary intention is shown. Class 5. Waterfront improvements embrace the construction of bulkheads, seawalls and other retaining walls along a bay, creek, canal or lake, and the construction of groynes or jetties or seawalls along the shores of the Atlantic Ocean with necessary fills and dredging, and said water front improvements may embrace the acquisition by purchase, condemnation or otherwise of land rights and easements therefor. Class 6: Board or other walks embrace the construction of any kind of walk or promenade in public parks or in or on an easement along or near the shore of the Atlantic Ocean and may embrace the acquisition by purchase, condemnation or otherwise of land rights and easements therefor. Class 7 : White way lights embrace the purchase and erection of ornamental posts and lamps with connections necessary for lighting highways and relaying, where necessary, of streets and sidewalks necessarily torn up and damaged. 3 Class 8 : Improvements for the purpose of stabilizing and improving retail and/or wholesale business districts and/or nationally recognized historic districts through promotion, management, marketing, and other similar services in business districts of the City of Miami Beach. Incidental expense embraces the following items, including reasonable sums paid or credited to the city, or any department thereof, for services rendered by any department or officer or clerk thereof in connection with any such items: Preliminary and other surveys. Inspection and superintendence of work. Preparation of plans and specifications and estimates. Printing and publishing of notices and proceedings. Preparation of bonds. Interest during construction. Legal services, abstracts, etc. Any other expense necessary or proper in conducting the proceedings and work herein provided for. Railroad includes all forms of transportation by rail not owned by the city, whether propelled by electric, gasoline or steam power. (c) The City of Miami Beach is authorized to make local improvements and provide for paying the cost thereof as herein provided. (d) The initial proceedings for local improvements hereunder shall be the passage at a regular or special meeting of the city commission of a resolution ordering the same to be made under this section, indicating the location by terminal points and route, either giving a description of the improvements by its material, nature, character and size, or giving two or more such descriptions with the direction that the material, nature, character and size be subsequently determined in conformity with one of such descriptions. A single resolution may embrace one improvement only, or one improvement of each of two or more classes of improvements. An improvement need not be continuous and may be in more than one locality or highway or easement, but highway, sidewalk or easement improvement shall be practically uniform in cost and kind throughout the improvement, and a sanitary sewer improvement shall not provide for a curb as a part of the improvement, and a sewer at or near the middle of a highway as another part. Nothing herein shall prevent the city commission from excluding from any highway improvement that portion of the highway which has been improved by any railroad, or any portion which the city may, under the franchise or contract with such railroad, require it to improve. If the resolution shall order a waterway or storm sewer improvement, or groyne or jetty improvement, or board or other• walk improvement, 4 or bulkhead improvement, it shall designate the property which the city commission deems will be especially benefited thereby, and, if any of said improvements be ordered and a proportion of the cost thereof is to be borne by the city at large the resolution shall indicate such proportion, and the proportion thereof which shall be especially assessed. A resolution may give any sure and convenient designation to each improvement ordered thereby, and the property against which assessments are to be made for the cost of such improvement shall be designated as a district, followed by a letter or number or name to distinguish it from other districts, after which it shall be sufficient to refer to such improvement and property by such designations in all proceedings, assessments and bonds, except in the notice provided by paragraph (f) of this section. (e) As soon as may be after the passage of said resolution the city engineer, and/or such other officer or officers as the city commission may designate, shall prepare and file with the city clerk plans and specifications of each improvement ordered thereby and an estimate of the cost thereof including an estimate of the cost of each kind of improvement, if the resolution provided alternative descriptions of material, nature, character and size, which estimates shall show the estimated amount of cost and incidental expense to be assessed against property, and except in case of improvements the cost of which, or part thereof, is to be assessed against an area deemed especially benefited thereby, the estimated amount to be assessed against each front foot of abutting property, or to be assessed by such other method as the city commission may prescribe. (f) The city clerk upon the filing w tk-1,tim of such plans, specifications and estimates shall peat-er-eause-to-be-posted- et tl°te-deaf-ef- -e-it 1-}-- rt-the-€4ty--o{--i4-i-a-r-Beac.h-,--ai - °r-a �eaat-twe-etbet- ub34-e iA acee-s-int-the-eitp-e-f-*4-ei ri fir,-- -r--te be published at least once in a newspaper of general circulation in said city, a notice stating that at a meeting of the city commission on a certain date and hour not earlier than ten days from such publication or posting the City Commission will hear the objections of all interested persons to the confirmation of said resolution, which notice shall state in brief and general terms a description of the proposed improvement, with the location thereof, and shall also state that plans, specifications and estimate of cost thereof are on file in the office of the city clerk. (g) At the time named in said notice, or to which an adjournment may be taken, the city commission shall receive any objections of interested persons, and may then or thereafter repeal or confirm said resolutions with such amendments, if any, as may be desired by the city commission and which do not change 5 in any way the location of improvement or improvements; provided, however, that such resolution shall not then or thereafter be confirmed if it contains items which cannot be properly charged to the property owners, or if it is, for any default or defect in the passage or character of the resolution or estimate, void or voidable, in whole or in part, or if it exceeds the power of the city commission. (h) Within ten days after such confirmation, the resolution confirming same, together with the estimates submitted, shall be recorded by the city clerk in a special book to be kept for that purpose, which book shall be known as Improvement and Assessment Book, and which book shall give the description by lot and block number, or by metes and bounds, of the pieces of property affected thereby, together with the estimated amount per front foot (or by such other method prescribed by the city commission) assessable against each lot or portion thereof, except in case of improvement the cost of which, or part thereof, is to be assessed against an area deemed especially benefited thereby, in which case there shall be given the estimated amount per square foot or the estimated amount, which abuts upon or is benefited by the improvement or assessment, which said book shall be ruled in such a way that any person can readily ascertain the assessment against any piece of property affected, and it shall not be necessary to record the same in the minutes of the meeting of the city commission in such meeting. (i) All objections to any improvement resolution on the grounds that it contains items which cannot be properly charged to the property owners or that it is, for any default or defect, in the passage or character of the resolution or estimate, void or voidable, in whole or in part, or that it exceeds the power of the legislative body of the municipality, shall be made in writing, in person or by attorney, and filed with the city clerk at or before the time or adjourned time of such hearing. Any objections made against the making of an improvement not so made shall be considered as waived, and if any objection shall be made and overruled or shall not be sustained, the confirmation of the resolution shall be the final adjudication of the issues presented, unless proper steps shall be taken in a court of competent jurisdiction to secure relief within ten days. (j ) On or after the date of confirmation of any such resolution ordering work to be constructed the city clerk shall pest:-ems-e&u ee-te-bre-peeteei-&t-the--cheer-e€-G t)P' &r -4n--ate leaat=-tNee-ether--ptr rl-i -134-at - rt-sa4el-moi-t ;--err---o--be published at least once in a newspaper of general circulation in the city, and if the estimated cost exceeds five thousand dollars, in a newspaper of general circulation in Dade County, Florida, a notice calling for sealed bids to be received by the 6 city commission on a day not earlier than fifteen days from the first posting or publication for the construction of the work, unless such resolution the city commission shall have declared its intention to have the work done by the city forces without contract. The notice may refer in general terms to the extent and nature of the improvement or improvements, and may identify the same by the short designation indicated in the initial resolution and by reference to the plans and specifications on file. If the initial resolution shall have given two or more alternative descriptions of the improvement as to its material, nature, character and size, and if the city commission shall not have theretofore determined upon a definite description, the notice shall call for bids upon each of such descriptions. No contractor shall be required to take bonds, warrants or certificates which abut upon the sides of that part of any highway to be in payment, but payment may be made in cash upon monthly estimates of the city engineer to the amount of ninety per cent of such estimates, and the balance due shall be paid in cash within sixty days after acceptance of the work and said notice may state such conditions as to payment. Bids may be requested for the work as a whole or for any part thereof separately, and bids may be asked for any one or more improvements offered by the same or different resolutions, but any bid covering work upon more than one improvement shall be in such form as to permit a separation of cost as to each improvement. The notice may require bidders to file with their bids a certified check on an incorporated bank or trust company for two and one-half per cent of the amount of their respective bids, to insure the execution of a contract to carry out the work in accordance with such plans and specifications, and to insure the filing at the making of such contract of a bond in the amount of the contract price, with sureties satisfactory to the city, conditioned for the performance of the work in accordance with said contract. The city commission shall have the right to reject any or all bids, and if all bids are rejected, the city commission may readvertise for all or a part of such work, or may determine to do all or a part of the work without contract. (k) After a contract shall have been entered into for any improvement embraced in any resolution, or, if the city shall do the work itself, after an improvement authorized by any resolution shall have been completed the city engineer and/or such other officer or officers as the city commission may designate shall prepare a preliminary assessment roll and file same with the city clerk, which roll shall contain the following: 1. A description of the lots and parcels of land within the district, which in the case of improvements the cost of which or part thereof is to be assessed against an area deemed especially 7 benefited thereby shall include all property declared by the city commission in such improvement resolution to be especially benefited thereby, and in the case of other improvements shall include lots and lands improved, or in which a sanitary sewer, except a curb sewer, is to be laid and the lots and lands which abut upon the side or sides of any highway in or along which side or sides of a sidewalk is to be constructed or a sanitary curb sewer is to be laid. Such property, lots and lands shall include city property and lands within the city, which abut upon an intersection as therein defined. There shall also be given the name of the owner of each lot or parcel where such can be ascertained from the city records, and in all cases, save areas to be assessed for the cost or part thereof, and deemed to be especially benefited, a statement of the number of feet of property so abutting, which number of feet shall be known as the frontage. 2 . In case of highway improvements a description of any track or tracks of railroad as herein defined, already laid or for the laying of which any franchise shall have been granted within the portion of the highway or highways to be improved, giving the number of tracks, the distance between the tracks and the distance between the rails, if an assessment is to be made against such railway or the owners thereof. 3 . The total cost of the improvement which, if made by contract, shall be the price named therein or the price computed from unit prices named therein, taking into consideration minor changes and alterations found necessary, but if the city shall do the work itself, the actual cost of such work, and in all cases the amount of incidental expense, estimated or actual. 4 . An apportionment, to be computed as follows, of the cost of each improvement and incidental expense, to be apportioned in the same proportion: A. IN HIGHWAY IMPROVEMENTS (a) To any railroad as herein defined, the track or tracks of which may be in or upon any portion of the highway or intersection to be improved, or to which any franchise for such track or tracks shall have been granted, provided assessment is to be made against such railroad or the owners thereof pursuant to such franchise, there shall be apportioned the cost of such improvement between the tracks and between the rails of each track, and for the distance of 18 inches beyond each outer rail, including switches and turnouts; and when as assessment of such apportionment shall have been confirmed against any such railroad, it shall constitute a lien upon all the franchises and property thereof to the same extent as other assessments herein provided for constitute liens upon abutting or benefited property; provided, however, that when any such railroad shall 8 operate, or be about to operate under any ordinance, contract or franchise which provides for the amount, manner and conditions of the payment of cost by such railroad, the foregoing provisions as to such railroad shall apply only to the extent the same may not be inconsistent with any such ordinance, contract, or franchise, and provided that if under the terms of any ordinance, contract or franchise, the city shall exempt such railroad from assessment, the cost which would otherwise be assessable against such railroad shall be assessed against the property abutting upon such highway, as if the railroad were not in existence. (b) To the city shall be apportioned the cost of highway improvements at the intersections, except that part of such intersection cost as is apportioned to railroads. The word "intersection" shall be deemed to include not only that part of a highway which is common to another highway, but also that portion of a highway which would be embraced within the extension, if extended, of another highway entering into it or meeting it. (c) To abutting property shall be apportioned the remaining cost of highway improvements. B. IN SIDEWALK IMPROVEMENTS. (d) To abutting property shall be apportioned all the cost of sidewalk improvements, the lots within a block being deemed to abut upon a sidewalk although the latter extends beyond the lots to the curb line of an intersecting highway. C. IN SANITARY SEWER IMPROVEMENTS. (e) To the city shall be apportioned the cost of the sanitary improvements at intersections. (f) To the city shall be apportioned the cost of any pumping station or outlet. (g) To each lots or parcel of land to the property or curb line of which a sanitary sewer lateral is laid, shall be apportioned the cost of that lateral . (h) To abutting property shall be apportioned either (a) the cost of a sanitary sewer, except at intersections, or (b) the cost of an 8-inch sanitary sewer, except at intersections, as such cost is estimated by the city engineer (whichever be the lesser) not including therein the cost of laterals, pumping station or outlet. D. IN STORM SEWER IMPROVEMENTS (i) To the city shall be apportioned one-third of the cost of storm sewers including any pumping station and outlet, but excluding storm sewer laterals. (j ) To the lots and parcels within the district shall be apportioned two-thirds of the cost of storm sewers, including any pumping station and outlet, but excluding laterals. (k) To each lot and parcel, to the property or curb line of 9 which a storm sewer lateral shall be laid, shall be apportioned the cost of such lateral. E. IN WATER FRONT IMPROVEMENTS (1) To the city shall be apportioned such part of the cost of water front, board or other walk improvements as may have been determined by the initial resolution. (m) To the lots and parcels within the district or area deemed especially benefited shall be apportioned the remaining part of water front improvements or board or other walk improvements. F. IN WHITE WAY LIGHT IMPROVEMENTS (n) To the city shall be apportioned such portion of the cost of white way light improvements as may have been determined by the city commission by the initial resolution. (o) To the lots or parcels of land within a given block (meaning that land lying between two parallel streets) abutting on a street so improved shall be apportioned the remaining cost of white way light improvements made in such block on the side where such property abuts. G. IN IMPROVEMENTS FOR BUSINESS AND/OR HISTORIC DISTRICTS To the lots and parcels within the district or area deemed especially benefited shall be apportioned all the cost of improvements for business and/or historic districts, and to the city may be apportioned such portion of the cost of these improvements as may have been determined by the city commission in the initial resolution. ASSESSMENT OF INDIVIDUAL LOTS. (p) The amount of the cost of water front and board or other walks, improvements and storm sewers, including laterals so apportioned to lots and parcels of land, shall be assessed to the several lots and parcels within the district, in the proportion which the city engineer deems to be the proportion of special benefits each such lot or parcel shall receive, and the amount of cost of each highway, sidewalk and sanitary sewer improvement, except laterals so apportioned to abutting property, shall be assessed in said roll against such abutting property, according to frontage, or by such other method as the city commission may prescribe. (q) The preliminary roll shall be advisory only and shall be subject to the action of the city commission as hereinafter provided. (r) Upon the filing with the city clerk of the preliminary roll required by this section, the city clerk shall publish once for each of two successive weeks, in a ca }y newspaper of general circulation in the City of Miami Beach, tl°raboll°r-it-map-ire- -paper pith al°red-- ft-tl-e-e tp-e€M a-m ,--Fer a- a notice stating that at 10 a regular meeting of the city commission to be held on a certain day and hour, not less than twelve days from the date of the first publication, all interested persons may appear and file written objections to the confirmation of said roll. (s) At the time and place stated in such notice, the city commission shall hear and receive the objections in writing of all interested persons interested in such notice. Then or thereafter, the city commission shall either annul or sustain or modify, in whole or in part, the prima facie assessment as indicated on such roll, either by confirming the prima facie assessment against any or all lots or parcels therein described, or by cancelling, increasing or reducing the same, according to the special benefits which said city commission decide each said lot or parcel has received or will receive on account of such improvement. If any property which may be chargeable under this section shall have been omitted from said preliminary roll, or if the prima facie assessment has not been made against it, the city commission may place on said roll an apportionment to said property. The city commission may thereupon confirm said roll, but shall not confirm any assessment in excess of the special benefits to the property assessed, and assessments so confirmed shall be in proportion to the special benefits. Forthwith after such confirmation said assessment roll shall be delivered to the city el-e-/-k finance director and such confirmation shall be final and conclusive, except as hereinafter provided. (t) If the owners of any railroad or any lot or parcel of land so assessed shall within ten days from such confirmation file a written verified petition in the office of the clerk of the circuit court of Dade County, Florida, setting forth that the amount so assessed against any property of the petitioner exceeds the amount of the special benefit the petitioner has sustained or will sustain by reason of such improvements, or is out of proportion to benefits, or that the assessment is invalid for any reason whatsoever, and shall at the same time file with said clerk a written undertaking in at least the sum of two hundred dollars, with a good and sufficient surety to be justified before and approved by the said clerk to the effect that the petitioner will pay to said city all costs and damages to be sustained by it by reason of such proceeding, and shall, within ten days from such confirmation deliver to the city manager or leave at his office a copy of said petition then the validity of such assessment against said property shall be determined as hereinafter provided within ten days after the delivery of said copy of petition to the city manager or at his office the manager shall appear and answer the said petition and the case shall be heard upon such petition and answer and upon such evidence as may be presented to the court. The judge of the court shall hear and 11 determine any case, in term or vacation, giving such hearing and determination precedence over all other cases so far as the same may be practicable. The decision of the court in such proceedings shall be final and an appeal shall be allowed only if properly prayed and perfected within ten days from the date of the order. If the assessment against such property shall be sustained or reduced or abated by the court the city el-erk finance director shall note that fact on the assessment roll opposite the description of the property whose assessment was so contested. The cost of any such proceedings shall be paid by the party complaining of such assessment, unless said assessment is abated or is reduced by the court ten per cent, or more, and judgment shall be rendered against him for the amount of such costs. In case assessment shall be abated or shall be reduced ten per cent or more, such costs and expense shall be paid by the city and judgment shall be entered against it for the amount thereof. (u) The amount of the special assessment against any lot or parcel which may be set aside by the court, unless the assessment upon the entire district be set aside, or the amount by which such assessment is so reduced, may by resolution of the city commission be made chargeable against the city at large; or, in the discretion of the city commission a new assessment roll may be prepared and confirmed in the manner hereinabove provided for the preparation and confirmation of the original assessment roll, except that no notice of hearing upon such roll need be published or given as to any property unless the assessment against it is increased. The city commission shall take prompt action as herein provided in case of the reduction or invalidation of any assessment, and any such action shall be noted by the city el-erk finance director, on said assessment roll, unless a new roll shall be made and confirmed, in which case the former roll shall be a nullity and the right of petition to the circuit court as to the amounts apportioned by the new roll shall be again in force as to such new roll. (v) Thirty days after the confirmation of the assessments the amounts apportioned and assessed shall be due and payable at the office of the city el-erk finance director, except as to any property, including railroads, whose owners shall have filed a petition in the circuit court as hereinabove provided, which assessments shall be due and payable eleven days after the decision of the court thereupon, but not within said thirty days; but it shall be lawful for the city commission to provide by resolution that if the owner of any lot or parcel assessed in excess of twenty-five dollars shall file with the city e}erk finance director before such date on which full payment is required his written undertaking waiving all irregularity and 12 illegality in connection with the said assessment against such lot or parcel, he shall have the privilege of paying the same in variable annual payments (as determined by the city commission) in each of the twenty succeeding years, or such shorter period as may be fixed by the city commission, at the time in said years at which the general city taxes are due and payable, with interest upon such deferred installments at the rate of six per cent per annum or at the prevailing rate of interest established in Florida Statutes Section 687 . 01. whichever is greater, payable annually from the date such assessment would be due if such undertaking were not filed and upon the filing of any such undertaking the assessments embraced by it shall be payable at the time or times so fixed and with such interest, but any assessment whose payment shall be so deferred may be paid at any time when accompanied by the payment of interest accrued thereon and that which will accrue to the next succeeding annual date for payment; provided, however, that nothing herein contained shall be deemed to prevent the city commission from extending the time in which such undertaking as to any one or more lots or parcels of land shall be filed. (w) The said assessments shall constitute a lien upon the property so assessed from the date of the passage of the resolution ordering the improvement, of the same nature and to the same extent as the lien for general city taxes, and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and forfeiture as city taxes are collectible. Collections of such assessments may also be made by the city by proceedings in a court of equity to foreclose the lien of assessments as a lien for mortgages is or may be foreclosed under the laws of the state, and it shall be lawful to join in any bill for foreclosure any one or more lots or parcels of land, by whomsoever owned, if assessed for an improvement ordered by the same resolution; provided that failure to pay any installment of principal or interest of any assessment when such installment shall become due shall be without notice or other proceedings cause all installments of principal remaining unpaid to be forthwith due and payable, with interest thereon at ten percent; but if before any sale of the property for delinquent assessments, the amount of such delinquency shall be paid with all penalties, interest and cost, further installments of the principal shall cease to become so due and payable, and shall be due and payable at the times set forth in or contemplated by said written undertaking. (x) 1. All assessments made pursuant to this section and all assessments heretofore made for improvements, as well as all moneys already collected for any such assessments, are hereby pledged to the payment of the principal and interest of the bonds 13 authorized by this section and bonds heretofore authorized to the payment of which assessments have heretofore been pledged by the municipality, which shall include moneys directed to be placed in Improvement Funds 1 to 9, inclusive, shall, when collected, be placed in Improvement Fund 9 , in which fund no distinction or separation between the assessments for different improvements shall be made, and such assessments or moneys collected shall be used solely for the payment of the principal and interest of such bonds as the same shall become due. 2 . Local improvement projects not bonded by the City of Miami Beach shall be paid for from special assessments Levied against the affected properties. (y) On or after the confirmation of the resolution ordering an improvement or improvements, the city commission may, by resolution, issue bonds of the city for the payment of the entire cost or any part thereof, including incidental expense, and for the reimbursement of any fund of the city from which any part of such cost shall have theretofore been paid, in an amount not greater than the estimate herein provided of the cost and incidental expense, which estimate, if the initial resolution shall have given two or more alternative descriptions of the improvement by its material, nature, character and size, with estimates as to each description, shall be the lowest of such estimates, but no bonds shall be issued in excess of the contract price and estimated cost of incidental expense unless such bonds shall have been delivered or sold or advertised for sale prior to the making of such contract. If the bonds shall be authorized after such contract is made, they may be issued to the full amount of such contract and the amount paid and the amount awarded in eminent domain proceedings for any land, rights and easements necessary to be acquired for the improvement and the estimated incidental expense, and a finding by the city commission of the amount of a contract or the amount so paid to or awarded for land, rights or easements, or the amount of incidental expense, shall be conclusive for the purpose of this paragraph. An issue of bonds need not be limited to one improvement, and bonds may be issued in one or more series for all or a part of the cost of any one or more improvements. Each series of bonds shall mature in annual installments on such dates of each year and in such amounts as the city commission may determine, beginning not more than two years from their date, not extending beyond twenty years from their date; they shall bear interest not greater than six per cent per annum, payable semiannually, and the principal and interest shall be made payable in such medium and at such place as the city commission may determine. Such bonds shall not be a19eelttte,--sere-ra --a-nel el rest-e3i44gat4ers- c)-f -tite-e tp- a charge ` on, or payable out 14 of, the general revenues of the City of Miami Beach, but shall be payable solely out of said assessments, installments, interest and penalties. al�a��-�e-- -u-ee�p-i�r-e�enemrta€ier�s-t�€- ie 1°undret -elo44-ams--r--ene--t-hous&nd--cleH-ara,--w4t -i1rte egt-eetrpei°rs a€taelhec -- They shall be sold by the city commission only after publishing at least ten (10) days before receipt of bids therefor, a notice calling for such bids, and shall not be sold at less than ninety-seven cents on the dollar and accrued interest. Such bonds may provide for redemption prior to maturity at a price not greater than one dollar and three cents plus accrued interest. (z) Notwithstanding the provisions made herein for the conservation and pledge of special assessments for the payment of such bonds and interest, the city commission is hereby authorized arid-regti4red annually to levy a special tax upon all affected taxable property within the area to be improved eiby over and above all taxes authorized or limited by the Charter of the city, or other law, sufficient to pay the interest and principal of all such bonds at their several dates of maturity, the proceeds of all which taxes shall, when collected, be paid into the fund referred to in paragraph (x) of this section, together with the special assessments in said fund contained, and said fund shall be used for no other purpose than the payment of such principal and interest; provided, however, that the amount of the annual tax levy herein required may be reduced in any year by the amount then contained in said fund,-- l=-l�eiltl-tl3e-ilttei°rt eri 1°reree€-ter-- rle--that--suchr-barilla-shei-i--fie-pay$b4e- -ge2°reral €a abiefi- -erbh ] --bf -e€- lre--eibp,-- t -bl ab-4*-aekl b axial aeetrriby--oid - inr-by-way--f-- e 4-al--assessmeri€s-—i}l reduee-bbe-ametri -e€-a±eb-g-errera1-€axa€i-eri. (aa) Stre�r-befids-91�all-be-3sstteel-trfrl aftrxte-�1r13 e beefs-appreved-by- ar-i -th-e-veters-east-4 r-atr-re- cwt-ori wl.relt-a- 4 orf---bke-€ree fielders;-bio--a?e—qui sec -elec€errs regi-clinig-ift-blue-aai4-e iby-e€Miami-Beaeb-ahal-k--arb e pate r-be-be lte14-4ii--t -manner--t-o--be-preset-4bed--dry--l-aw-Sri--ecxrf—tti-t- w th o ec€i ext--Fr-eM--arbiel-e--c.)--e-f--bbe--Occrt-s§t it-trt-ionr-e€- -he--&tate--e€ Fker44ert No election shall be necessary with respect to the issuance of bonds herein; nor shall the initiative and referendum provisions of this Charter l &3 -flet be applicable thereto. All proceedings of the city commission herein provided for may be taken by resolution, which resolution shall be in force from and after its passage. (bb) In all cases in which assessments or charges against property have heretofore been or shall be made for improvements, authorized hereunder for which assessment or charges the city shall hold liens upon abutting or benefited property not pledged to the payment of any bonds or other obligations, bonds of the 15 city may be issued to the amount of such unpaid assessments or charges of the character and in the manner in this section provided for other bonds, and the proceeds of such bonds shall be used in repaying to any fund of the city any amount which shall have been paid therefrom upon the cost of the improvement for which such assessments or charges are made and in paying any sums remaining due upon such cost; and after the issuance of bonds under this paragraph such assessments and charges when collected shall be placed in the fund referred to in paragraph (x) of this section and be subject to the provisions of this section concerning said fund. (cc) All resolutions heretofore passed and confirmed and not repealed, which have ordered improvements, which might have been initiated under section 29 of the Charter of the city, and all contracts heretofore made for the construction of improvements thereby ordered, and all contracts made pursuant to advertisements for bids for contracts for such construction, are hereby ratified and the improvements so ordered may be made, and the procedure therefor continued under and pursuant to this section, the provisions of which shall apply to the advertisement and letting of contracts, the making of assessments, the signing of waivers, the issuance of bonds and all other details in this section mentioned, save insofar as any of said steps shall heretofore have been taken by the city, it being the intention that the city shall succeed to and be bound by all things done by the city pursuant to section 29 of this Charter, and that such things done are hereby adopted and ratified as if done pursuant to the provisions of this section. (dd) Where the proceeds of bonds issued or to be issued under this section have been or shall be found to exceed the costs of the improvements for which such bonds were or shall be issued, such excess may be transferred by the city commission to a fund to be created by it for use only in paying the city' s share of the costs of other local improvements made under this section. (ee) As soon as any improvements shall have been completed the city ee tnt as en clerk shall cause a notice te-ire-most -- the-deer-ef-the-city-Ha±i-of- 3ai-d--e-it -a3 -inn at-l-eaet-twe-ether pti-h e-paeee- n-sa d-e3ty;- r to be published in a newspaper of general circulation of in the city, stating that at a meeting of the city commission to be held at a certain day and hour, not less than ten days from the posting or publication of such notice, the city commission will hear any objections of persons interested in or affected by the said improvement as to the acceptance thereof by the city commission. At the time and place mentioned in said notice said city commission shall hear objections, if any, and may then or thereafter accept the said 16 improvement. (ff) The city commission may make allowance and grant credit to property owners for improvements previously made by such property owners to the extent, and only to the extent, that such improvements shall have been made in accord with the plans and specifications of improvements ordered and shall be of value and utility as part of the improvement ordered, and it may prescribe a plan or system for fixing and determining said credit. Notwithstanding anything in this Enactment to the contrary, when it becomes necessary or practicable to order the construction of a sanitary sewer in a highway abutting a piece of land against which an assessment has already been made for, and a sanitary sewer constructed, and which is in use or which sewer so ordered shall extend along two sides of a piece of land, the cost of such sewer in the case of construction where the cost of a sewer has already been assessed, shall not be assessed against such piece of land and in the case of a sewer so ordered extending along two sides of a piece of land the cost thereof along the longer side only shall be assessed to such piece of land, and in either case all of the remainder of the cost of such sewer in the district shall be considered a part of the cost of such sewer for the district in which laid, the total cost of which shall, except as in this section otherwise provided, be assessed against the remaining abutting lots or pieces of land. When a sidewalk or curb sewer is laid only on one side of a highway or easement, the cost thereof, except as otherwise provided herein, shall be assessed against the property abutting upon that side, and such laying shall not, because thereof, be construed to violate the provision herein that such improvement shall be practically uniform in cost and kind throughout. (gg) In fixing the assessments herein provided for, whenever any such land shall have been surveyed or subdivided and platted into small tracts designated as lots or blocks or otherwise, and the owner of any land embraced in the said survey or subdivision shall have recognized such survey or subdivision by reference thereto in making any conveyance of land therein, or by selling any land therein by reference thereto, then and in that event the land embraced in such division may be described for assessment purposes by referring to such subdivision whether any plat thereof shall have been ordered or not. (hh) The city commission shall have power to authorize and require the use of surface privies, septic tanks, and other devices for the disposal of sewage where connection with sanitary sewers is deemed by the city commission to be impracticable, and to regulate and control the location, construction, maintenance, care and use of the same, and to compel the payment to said city 17 of reasonable charges for its sanitary service in connection therewith, and to make the said charges a lien upon the houses, lands, and premises served, and the city commission shall have power, where connection with sanitary sewers is deemed by the city commission to be practicable, to prohibit, destroy and forbid the use of surface privies and cesspools and all other devices for the disposal of sewage except sanitary sewers. (ii) The purpose of this Act is to provide an economical method by which local improvements may be made. It is hereby declared that no irregularity or illegality in connection with any of the proceedings herein authorized shall in any way affect the validity of the orders for such improvement or special assessment or bonds or contracts, unless such irregularity or illegality shall substantially affect the rights of said city or its inhabitants, or the owners of property assessed for such improvement. (jj ) In case of any omission, errors or mistakes in making the assessments, or in case of deficiencies or otherwise then, unless the city commission or the court shall have determined that the assessments already made fully equal the amount of special benefits, a supplemental assessment may be made for such deficiencies , errors , omissions or mistakes ; and such supplemental assessments shall be made in the same manner and after the same notice hereinabove provided for the original assessments, and shall be a lien to the same extent and be payable in the same manner, draw the same rate of interest and be subject to the same penalties, and be in force and collected in the same manner as such original assessments. (kk) A copy of any assessment certified as correct by the city clerk shall be admissible in evidence and shall be prima facie evidence of the amount of the assessment and the property upon which such assessment is levied. (11) Dade County, and any school district or other political subdivision, wholly or partly within said city, shall possess the same power and be subject to the same duties and liabilities in respect to said assessments affecting their real estate that private owners of real estate possess, or are subject to hereunder, and such real estate of said county, school districts and political subdivision shall be subject to liens for said assessments in all cases where the same property would be subject had it at the time the lien attaches been owned by a private owner. (mm) The city commission shall have the power by resolution or ordinance to prescribe the width of every sidewalk in the city and the material of which the same shall be constructed, and shall have power on such notice as may be prescribed by resolution, to require owners of property to 'lay, construct, or 18 repair sidewalks in front of their property; and shall also have the power on such notice as may be prescribed by resolution to require owners of property to clear the same of, and destroy weeds, undergrowth, rubbish, debris, trash and unsightly and unsanitary matter as many as four times during an annual period next following, such period and such times to be stated in said resolution and notice; to fill in unsanitary excavations or depressions, and if the owner or owners shall not comply with any such requirements within the time limited in the resolution, the city commission may cause such work to be done and may make the cost thereof a charge and lien against such property respectively, of the same extent and character as the lien herein provided for special assessments, which charge shall be forthwith due and payable unless the time for such payment shall be extended by the city commission, with the same penalties and with the same rights of collection and sale and forfeiture as obtained for city taxes. Nothing herein contained shall prevent the city from constructing sidewalks and providing for the payment therefor as elsewhere provided in this section. (nn) Where laterals shall have been constructed or shall be ordered the city commission may require property owners to connect their premises with the laterals and may provide by general ordinance that in case of their refusal after notice given, the said connection shall be made by the city and that the cost thereof shall constitute a lien upon the house, land and premises thereby affected. The notice last above provided for may be by service on the owner of the property or the agent who collects his rent, or the occupant of said property, or in the case the said property is unimproved by posting such notice on the property. (oo) Nothing in this Act shall be construed to deprive the County of Dade, or the board of county commissioners thereof, or the board of public instruction of said county, or any political subdivision in said County of Dade, of the jurisdiction over, or the control, management and possession of any highway, road, park or parkway, school property or equipment, or any other property devoted to public uses now or hereafter held, acquired, owned or controlled by or in the possession of either thereof, or interfere therewith, nor shall this Act be construed to affect or control in any manner whatsoever the conduct or determination of any litigation now pending or hereafter instituted involving the same or any part or portion thereof, and all the said matters and things herein in this paragraph set forth are hereby specifically excluded from the operation hereof. (pp) In all cases in which assessments have heretofore been made or shall be made for improvements authorized hereunder, for which assessments the city shall hold liens upon abutting or 19 benefited property not pledged to the payment of any bonds or other obligations, bonds of the city may be issued to the amount of such unpaid assessments, of the character and in the manner herein provided for bonds to pay the entire cost of improvements, and the proceeds of such bonds shall be used in repaying to any fund of the city amounts which shall have been paid therefrom upon the cost of the improvement for which such assessment was made, and in paying any sums remaining due upon such cost. If such liens shall then be pledged to payment of any bonds or other obligations no additional bonds shall be issued unless at or before the issuing of same such outstanding bonds or other obligations shall have been paid in full with the interest thereon. SECTION 2. REPEALER All Ordinances or parts of ordinances 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 17 , 1987 . PASSED and ADOPTED this 7th, day of Il: .,ems 987 - MA '0' - ATTEST: ‘7(6,e/7(.. )14 CITY CLERK JKO/rg FORM APPROVED L ALDr. ' B . moi.. tali Date " 20 51 0 ..7; czt czt N +� 0000 R a) a1 0 3 •