2018-30287 ResolutionRESOLUTION NO. 2018 -30287
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA (1) ADOPTING THE OFFICIAL
ELECTION CERTIFICATE OF THE CANVASSING BOARD FOR THE
SPECIAL MAIL BALLOT ELECTION HELD IN THE CITY OF MIAMI
BEACH FROM MARCH 8, 2018 TO APRIL 20, 2018, TO DETERMINE
WHETHER A MAJORITY OF THE AFFECTED PROPERTY OWNERS
APPROVE THE CREATION OF A SPECIAL ASSESSMENT DISTRICT
TO BE KNOWN AS THE WASHINGTON AVENUE BUSINESS
IMPROVEMENT DISTRICT; AND (2) SETTING A PUBLIC HEARING
ON JUNE 6, 2018, AT 2:30 P.M., FOR THE OWNERS OF THE
PROPERTY TO BE ASSESSED OR ANY OTHER INTERESTED
PERSONS TO BE HEARD BY THE CITY COMMISSION AS TO THE
PROPRIETY AND ADVISABILITY OF MAKING SUCH
IMPROVEMENTS AND PROVIDING SUCH SERVICES (AND FUNDING
THEM WITH SPECIAL ASSESSMENTS ON PROPERTY), AS TO THE
COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR,
AND AS TO THE AMOUNT TO BE ASSESSED AGAINST EACH
PROPERTY SO IMPROVED, FOLLOWING WHICH THE CITY
COMMISSION SHALL MEET AS AN EQUALIZING BOARD TO HEAR
AND CONSIDER ANY AND ALL COMPLAINTS AS TO THE SPECIAL
ASSESSMENTS AND TO ADJUST AND EQUALIZE THE
ASSESSMENTS ON A BASIS OF JUSTICE AND RIGHT.
WHEREAS, on October 18, 2017, the Mayor and City Commission adopted Resolution
No. 2017 - 30065, which created, pursuant to Chapter 170, Florida Statutes, and subject to the
approval of a majority of the affected property owners, a special assessment district to be
known as the Washington Avenue Business Improvement District (the "District "), for a term of
ten (10) years, to stabilize and improve the Washington Avenue retail business district, which is
located within a nationally recognized historic district, through promotion, management,
marketing, and other similar services; and
WHEREAS, on January 17, 2018, the Mayor and City Commission adopted Resolution
No, 2018- 30150, which called for a special mail ballot election (the "Election ") to be held from
March 8, 2018 to April 20, 2018, to determine whether a majority of the affected property
owners approve the creation of the District; and
WHEREAS, pursuant to Resolution No. 2018- 30150, the Mayor and City Commission
designated Rafael E. Granado, City Clerk; Raul J. Aguila, City Attorney; and Nick E. Kallergis,
Senior Assistant City Attorney, to serve as the members of the Canvassing Board for the
Election; and
WHEREAS, on April 20, 2018, at 6:30 p,m., the Canvassing Board tabulated and
certified the results of the Election; and
WHEREAS, 67 ballots were cast in favor of the creation of the District, 12 ballots were
cast in opposition to the creation of the District, 5 ballots were rejected as improperly cast, and
26 ballots were not returned; and
WHEREAS, the Official Election Certification of the Canvassing Board is attached hereto
and incorporated herein as Exhibit "A "; and
WHEREAS, pursuant to Chapter 170, Florida Statutes, the City must fix a time and
place at which the owners of the property to be assessed or any other interested persons may
appear before the City Commission and be heard as to the propriety and advisability of making
such improvements and providing such services (and funding them with special assessments
on property), as to the cost thereof, as to the manner of payment therefor, and as to the amount
thereof to be assessed against each property so improved; and
WHEREAS, following the testimony, the Mayor and City Commission shall make a final
decision on whether to levy the special assessments; and
WHEREAS, thereafter, pursuant to Chapter 170, Florida Statutes, the City Commission
shall meet as an equalizing board to hear and consider any and all complaints as to the special
assessments and shall adjust and equalize the assessments on a basis of justice and right.
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 (1)
adopt the Official Election Certification of the Canvassing Board for the Special Mail Ballot
Election held in the City of Miami Beach from March 8, 2018 to April 20, 2018, to determine
whether a majority of the affected property owners approve the creation of a special
assessment district to be known as the Washington Avenue Business Improvement District; and
(2) set a public hearing on June 6, 2018, at 2:30 p.m., in the Commission Chambers, Miami
Beach City Hall, 1700 Convention Center Drive, Miami Beach, Florida 33139, at which the
owners of the property to be assessed or any other interested persons may be heard by the City
Commission as to the propriety and advisability of making such improvements and providing
such services (and funding them with special assessments on property), as to the cost thereof,
as to the manner of payment therefor, and as to the amount to be assessed against each
property so improved, following which the City Commission shall meet as an equalizing board to
hear and consider any and all complaints as to the special assessments and to adjust and
equalize the assessments on a basis of justice and right.
PASSED and ADOPTED this c5 day of /Ir / , 2018.
ATTEST:
Rafael E. Granado
City Clerk
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INCOHP is RAT1 :i
F;\ATTO \KALN\ RESOLUTIONS \Washi �Ay niieIt1��El�e on Results Reso.docx
SWISS
Dan Gelber
Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Date
City Attorney
MIAMI BEACH
SPECIAL MAIL BALLOT ELECTION HELD IN THE CITY OF MIAMI BEACH
FROIVI MARCH 8, 2018 TO APRIL 20,2018,
TO DETERMINE WHETHER A MAJORITY OF THE AFFECTED PROPERTY OWNERS
APPROVE THE CREATION OF A SPECIAL ASSESSMENT DISTRICT
TO BE KNOWN AS THE WASHINGTON AVENUE. BUSINESS IMPROVEMENT DISTRICT
**OFFICIAL ELECTION CERTIFICATION OF THE CANVASSING BOARD**
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
We, the undersigned, Raul J, Agulla, City Attorney, Nick Kallergis, Assistant City Attorney, and
Rafael E. Granath:), City Clerk, constituting the Canvassing Board for the Special Mall Ballot
Election to approve the creation of the Washington Avenue Business Improvement District, do
hereby certify that we met on the '20th day of April, 2018, and proceeded to publicly count the
votes cast.
We do hereby certify the results as follows:
Shall a special assessment district known and designated as the Washington
Avenue Business Improvement District (the "District") be created for a term of ten
(10) years, with an estimated annual budget of $511,331, to stabilize and improve
the Washington Avenue retail business district, which is located within a
nationally recognized historic district, through promotion, management,
marketing, and other similar services, which district is to be funded by special
assessments' against benefited properties?
67 YES VOTES
2 NO VOTES
5 REJECTED BALLOTS
26 UNRETURNED BALLOTS
CANV SSING BOARD
Raul Aguila, City Attorney
Nick Keller
is, Assis nt City Attorney
Date: April 20, 2018
Rafael E. Granado, City Clerk
MIAMI BEACH
Resolutions w C7 A
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J. Aguila, City Attorney
DATE: April 26, 2018
SUBJECT A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA(1)ADOPTING THE OFFICIAL ELECTION CERTIFICATE
OF THE CANVASSING BOARD FOR THE SPECIAL MAIL BALLOT ELECTION
HELD IN THE CITY OF MIAMI BEACH FROM MARCH 8, 2018 TO APRIL 20, 2018,
TO DETERMINE WHETHER A MAJORITY OF THE AFFECTED PROPERTY
OWNERS APPROVE THE CREATION OF A SPECIAL ASSESSMENT DISTRICT
TO BE KNOWN AS THE WASHINGTON AVENUE BUSINESS IMPROVEMENT
DISTRICT; AND (2) SETTING A PUBLIC HEARING ON JUNE 6, 2018, AT 2 :30 P.M.,
FOR THE OWNERS OF THE PROPERTY TO BE ASSESSED OR ANY OTHER
INTERESTED PERSONS TO BE HEARD BY THE CITY COMMISSION AS TO
THE PROPRIETY AND ADVISABILITY OF MAKING SUCH IMPROVEMENTS AND
PROVIDING SUCH SERVICES (AND FUNDING THEM WITH SPECIAL
ASSESSMENTS ON PROPERTY), AS TO THE COST THEREOF, AS TO THE
MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT TO BE
ASSESSED AGAINST EACH PROPERTY SO IMPROVED, FOLLOWING WHICH
THE CITY COMMISSION SHALL MEET AS AN EQUALIZING BOARD TO HEAR
AND CONSIDER ANY AND ALL COMPLAINTS AS TO THE SPECIAL
ASSESSMENTS AND TO ADJUST AND EQUALIZE THE ASSESSMENTS ON A
BASIS OF JUSTICE AND RIGHT.
ANALYSIS
Attached for consideration by the City Commission is a Resolution adopting the Certificate of the
Canvassing Board for the Special Mail Ballot Election held in the City of Miami Beach from March 8,
2018 to April 20, 2018, to determine whether a majority of the affected property owners approve the
creation of a special assessment district to be known as the Washington Avenue Business
Improvement District, and declaring the results thereof. The Certificate of Election Results is
attached to the Resolution.
The Resolution also sets, pursuant to Chapter 170, Florida Statutes, a public hearing on June 6,
2018, at 2 :30 p.m., for the owners of the property to be assessed or any other interested persons to
be heard by the City Commission as to the propriety and advisability of making such improvements
and providing such services (and funding them with special assessments on property), as to the cost
thereof, as to the manner of payment therefor, and as to the amount to be assessed against each
property so improved, following which the City Commission shall meet as an equalizing board to hear
and consider any and all complaints as to the special assessments and to adjust and equalize the
assessments on a basis of justice and right.
Page 8 of 77
Legislative Tracking
Office of the City Attorney/Office of the City Clerk
ATTACHMENTS:
Description
Reso to Accept Election Results/Set PH, Washington Avenue BID
Page 9 of 77