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95-21572 ResoRESOLUTION NO. 95-21572 A RESOLUTION OF THE M~YORAND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CREATING A SPECIAL ASSESSMENT DISTRICT TO BE KNOWN AS THE ALLISON ISLAND UTILITY IMPROVEMENT DISTRICT; PROVIDING FOR THE LEVYING OF SPECIAL ASSESSMENTS; INDICATING THE LOCATIONv NATURE AND ESTIMATED COSTS OF THE IMPROVEMENTS WHOSE COSTS ARE TO BE DEFRAYED BY SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE MADE; DESIGNATING L]%NDS UPON WHICH SUCH ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR PUBLICATION OF THIS RESOLUTION; REPEALING RESOLUTION NO. 94-21153, AND AUTHORIZING RELATED ACTIONS. WHEREAS, a majority of the residents of Allison Island, as set forth in the attached petition request (Exhibit "A"), desire to improve the island by relocating all overhead electrical, telephone and television cable distribution facilities underground, as described in the attached Exhibit "B" (Improvements); and WHEREAS, in order to protect utility services during certain severe weather conditions, while also enhancing the aesthetic appearance of the area, the Mayor and City Commission have determined to make the public improvements for.the area known as Allison Island, as set forth in the map attached as Exhibit "C", and more particularly described in the attached Exhibit "D"; and WHEREAS, the Mayor and City Commission wish to pay for the cost of these Improvements by special assessments (Assessments); and WHEREAS, Chapter 170, Florida Statutes, as amended (Act), provides that a municipality may levy and collect special assessments against property benefited for the purpose of making public improvements, and the City wishes to proceed in accordance with the Act by creating a special assessment district to be known as the "Allison Island Utility Improvement District" (District), for the purpose of making the Improvements within the District; and WHEREAS, the Mayor and City Commission have further determined that benefits will accrue to the property improved within the District, and that Assessments will be made in proportion to the benefits received, all as set forth in the attached Exhibit "E"; and WHEREAS, The Mayor and City Commission have further determined that the Assessments to be levied will not exceed the benefits to the property improved thereby. NOWv THEREFOREv BE IT DULY RESOLVED BY THE i~YOR ~ CITY COI~ISSION OF THE CITY OF MINI BEACH~ FLORIDA~ TI'I~T: SECTION ~: Ail findings and recitals contained in this Resolution are hereby adopted and incorporated herein. SECTION Z: The City hereby determines to make the Improvements. Assessments shall be levied in accordance with the provisions of the Act, and as described herein, to defray the costs of the Improvements. SECTION 3: In accordance with Ordinance No. 92-2782, adopted by the City on June 17, 1992 (Home Rule ordinance), it is hereby determined that the provisions of the Home Rule Ordinance shall not apply to the Assessments levied and imposed pursuant to the provision of this Resolution. Resolution No. 94-21153, as adopted by the Mayor and the city Commission on May 4, 1994, pursuant to the Home Rule ordinance, is hereby repealed. SECTION 4: The nature of the Improvements is set forth in Exhibit "A", attached and incorporated herein, and more specifically described in the plans and specifications on file with the City Clerk. SECTION 5: The District upon which the Assessments shall be levied shall incorporate the total area, as set forth in the map attached and incorporated herein as Exhibit "C", and reflecting the legal description as set forth in Exhibit "D", attached and incorporated herein. SECTION 6: The estimated cost of the Improvements, including without limitation, costs of construction, labor and materials, cost of plans and specifications and surveys, engineering and legal expenses, financing charges and capitalized interest, is approximately four hundred and fifty three thousand and five hundred and eight dollars ($453,508.00) (Estimated Cost). SECTION 7: The Assessments will defray the entire amount (i.e. $453,508.00) of the Estimated Cost. SECTION S: The Assessments with respect to all properties within the District shall be made on the basis of square footage of land for each parcel of property, as set forth in the attached Exhibit "E". SECTION 9: The Assessments shall be levied on all lots and lands which are adjoining, contiguous, bounding or abutting upon the Improvements or specially benefited thereby, and further designated on the Assessment plat referenced below, within the boundary of the District. SECTION 10: At the time of adoption of this Resolution, there is on file with the City Clerk, an Assessment plat showing the area to be assessed, with plans and specifications, and an estimate of the cost which is open to inspection by the public. SECTION Il: 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 lots assessed, the amounts of benefit to and the Assessments against each lot and the number of annual installments into which the Assessments are divided. SECTION ~2~ Assessments shall be payable at the Office of the Finance Director over a period of twenty (20) years, in equal annual principal installments, plus interest thereon at a rate of interest equal to eight percent (8%) per annum computed on the unpaid balance thereon, from the date of acceptance of the Improvements by the City. The annual installments and interest payments shall be due and payable on the first day of the month occurring three (3) months after acceptance of the Improvements by the City, and on the same day of each year thereafter, until paid in full. Annual installments not paid when due shall become due and payable in accordance with the provisions of the Act. Assessments with respect to any property may be prepaid in whole, but not in part, on any date after the Improvements have been completed and accepted by the City, by presenting to the Finance Director of the City monies sufficient to pay the remaining unpaid balance of the Assessments plus interest to accrue to the next succeeding annual installment due date (or to the second succeeding annual due date if such prepayment is made within forty-five (45) calendar days of the next succeeding annual installment due date); provided, however, that Assessments with respect to any property may be prepaid in whole, but not in part, without interest (other than interest which is part of the Estimated Cost), at any time within thirty (30) days after the Improvements are completed and accepted by the City, by presenting to the Finance Director of the City monies sufficient to pay the unpaid balance of such Assessments. The Finance Director of the City shall mail to each property owner within the District bills for each annual installment at least thirty (30) days before their due date. SECTION 23: 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 making of the Improvements, the cost thereof, the manner of payment therefor, or the amount thereof to be assessed against each lot so improved, all in accordance with the Act. SECTION ~4: The City Clerk is hereby directed to cause this Resolution to be published once in a newspaper of general circulation within the City. SECTION ~5~ The City Administration is hereby authorized and directed to take all actions necessary to carry out the intent of this Resolution. SECTION ~$: This Resolution shall take effect upon its adoption. PASSED AND ADOPTED this ATTEST: CITY CLERK FORM APPROVED LEGAL DEPT. By ~( ~ ~FFID~VIT STATE OF FLORIDA COUNTY OF DADE BEFORE ME, the undersigned authority, personally appeared JONATHAN D. BELOFF, who upon oath, duly sworn, deposes and states as follows: 1. That Affiant is the President of Homeowners Association of Allison, Inc., and resides at 6525 Allison Road, Miami Beach, Florida. 2. That Affiant was present and/or supervised the execution of the Petition for the Allison Island Special Assessment District For Underground Relocation of Utilities, a copy of which is attached hereto and made a part hereof. 3. This is to certify that the signatures set forth on the attached Petition are valid and are true and correct. FURTHER YOUR AFFIANT SAITH NOT. JO~HAN D. BELOFF,~Af~ a~t SWORN TO and SUBSCRIBED before me this //~' day of April, 1995, by JONATHAN D. BELOFF, who is/?ersonally kno, wn to me. My Commission Expires: ~~i"- ~ ' ~otary Pftblic, 'state of Florida ' Print Name: Exhibit "A" MIA:2402=l AY.,.TSON ISLAND 'SPECY~ ASSESSMENT DISTRIL~F FOR UNDERGROUND RELOGATZON OF UTIV.TT~IM To the Allison Island Homeowners: On behalf of the homsovndre of Allison Island, the Homeowner's Association of Allison, Inc. is in the process of negotiating the creation of a Special Assessment District for the underground relocation of electrical, telephone, and cable television utilities throughout the residential portion of Allison Island (the #Improve~entsS). These propossd capital improvements may be made pursuant to the levy of a special assessment against the property(les) deemed to be benefited by such Improvements, as provided for in Chapter 170, Florida Statutes, as amended. The ESTIMATED cost for the proposed Improvements is $453,50S. This estimate would include the relocation of all electrical, telephone, and cable television utilities throughout Allison Island, as well as all necessary restoration costs for public rights of way. The above estimate DOES NOT INCLUDE the cost of modification of individual home connections for the aforementioned utility servicss~ this is to be e separate cost to be borne, exclusively, by the individual property owners, and is not included in the above estimate. Additionally, the underground relocation of the aforementioned utilities will result in the elimination of the current overhead street lighting system for Allison Island~ the cost of e resulting new underground street lighting system is also included in the above estimate. It is requested that, as a resident property owner, you indicate your preference FOR or AGAINST the proposed Improvements identified in this petition. Those pEoperty owners indicating a preference for the proposed Improvements are in affect petitioning the Mayor and City Commission of the City of Miami Beach, Florida, to commence the process of creating the Special Assessment District. It is herein understood end agreed, however, that the finalization of the proposed Improvements, includin~ the final costs, plans and specifications, timelines for construction, etc., will be finalized at a later date, by resolution presented for final approval to the Mayor and City Co~mission of the City of Miami Beach, Florida. FOR AGAINST Date Sl~ned Pr lnt'~J~~ Folio{ - - - Folio{ 02-3211-003- b~ Alli.on Folio{ 02-3211-003-C~4~0 Print sig.,(.,...~c~,, _~ ~_/~J~/ Print~ Prints g~?_S mi.o. id. Poliot 02-3211-003- ~ Allison Rd. Print, ~. ~ ~" '~ ~ Am,on .. sign, ~l~ g,~r k~,o~io, - - - Bl~ns~ Polios 02-2211-00't-0c~10 Ii Prints Allison id. Signs Pollos 02-3211-003- Prints ~llison Signs Folios 02-3211-003- Prints Allison Rd. $iq~s Folios 02-2211-002- PrintI lllisnn id. Sig~I Folios - - - PrinU AlliIon Rd. Slq~s Folios 02-3211-003- Prints Allison Signl Folios 02-3211-003- Prinbs A111Ion Id. Signs Foliol Exhibit "B" Conversion of Utility Distribution Facilities Electrical Telephone Television cable Streetlighting, restoration - paving and landscaping of public right-of-way Engineering, plans/ specifications, capitalized interest Total $309,974 35,146 24,235 49,500 34,653 $453,508 ~ Exhibit" C~ D FRANCIS HOSPITAL EXHIBIT "D" All lots and lands contiguous and abutting North of 63rd Street on the Indian Creek Subdivision as shown in Plat Book 31-75, Public Records of Dade County, Florida. CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIA~II BEACtll FLORIDA 33139 TO: FROM: SUBJECT: Mayor Seymour Gelber and Members of the City Commission Roger M. Carlton ~j~f_x~ _~. City Manager 1) 2) DATE: May 3, 1995 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CREATING A SPECIAL ASSESSMENT DISTRICT TO BE KNOWN AS THE ALLISON ISLAND UTILITY IMPROVEMENT DISTRICT; PROVIDING FOR THE LEVYING OF SPECIAL ASSESSMENTS; INDICATING THE LOCATION, NATURE ANDESTIMATED COSTS OF THE IMPROVEMENTS WHOSE COSTS ~ TO BE DEFRAYED BY SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE MADE; DESIGNATING L~NDS UPON WHICH SUCH ASSESSMENTS SRALL BE LEVIED; PROVIDING FOR PUBLICATION OF THIS RESOLUTION; REPEALING RESOLUTION NO. 94-21153; ~ AUTHORIZING RELATED ACTIONS. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, FIXING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTIES SPECIALLY BENEFITTED BY THE CREATION OF A SPECIAL ASSESSMENT DISTRICT TO BE KNOWN AS THE ALLISON ISLAND UTILITY IMPROVEMENT DISTRICT, ALL LYING WITHIN THE CORPORATE LIMITS OF THE CITY OF Mile=MI BEACH, OR ANY OTHER PERSONS INTERESTED THEREIN MAY APPEAR BEFORE THE MAYOR AND CITY COMMISSION TO BE HEARD AS TO THE PROPRIETY, ADVISABILITY/~'D COST OF MAKING THE IMPROVEMENTS, AS TO THE MANNER OF PAYMENT, AS TO THE AMOUNT TO BE ASSESSED AGAINST EACH PROPERTY SO IMPROVED, IN ACCORDAMCE WITH CMAPTER 170, FLORIDA STATUTES. ADMINISTI~ATION RECOMMENDATION: The Administration recommends that the City Commission adopt the attached Resolutions which 1) provides for the creation of a special assessment district to be known as the Allison Island Utility Improvement District (District) to pay for the cost of burying electric, telephone and cable television facilities in the District and authorizes the preparation of a preliminary assessment roll and 2) sets a time and place for a public hearing to finalize the special assessment district. AGENDA ITEM Commission Memorandum - May 3, 1995 Allison Island Underground Uti~itie~ Special Assessment District/Public Hearing BACKGROUND: On May 4, 1994, at the request of the Board of Directors of the Allison Island Homeowners' Association, the City Commission adopted Resolution No. 21153 authorizing the Administration to obtain the plans and specifications for the underground conversion of utilities on Allison Island. Funding in the amount of $775,000 was allocated in the 1994/95 capital budget for the project and on October 19, 1994 the Commission adopted Resolution No. 94-21371 appropriating $775,000 from the Gulf Breeze Loan Pool to be repaid with special assessments. Additionally, $200,000 has been allocated in the FY 1994/95 Capital Budget to pay for landscaping of the median at the conclusion of the underground project. On March 7, 1995, a publicly noticed community meeting of Allison Island homeowners was held to discuss the proposed project, cost, method of assessment, etc. In attendance were administrative staff and representatives from Florida Power and Light. On April 5, 1995, the Administration received the attached petition indicating 51 percent of the affected property owners to be in favor of the project. On April 19, 1995 the City Commission approved Commission Memorandum No. 325-95 to accept the attached petition request, in accordance with the internal procedures established by the City Commission for the implementation of special assessment districts requested by neighborhoods. The City Commission further authorized the creation of a special assessment district and the scheduling of a public hearing. ANALYSIS: Basis for Special Assessment During the 1994 legislative session, the City was instrumental in amending Chapter 170, Florida Statutes, to provide for special assessments to pay for the relocation of utilities. It is recommended that Resolution No. 94-21153 be repealed and that a special assessment district be created pursuant to Chapter 170 of the Statutes. This also allows for consistency with other special assessment districts currently in existence such as the North Shore, Lincoln Road, and Ocean Drive Districts. Estimated Cost The estimated project cost is $453,508. It is proposed that this cost be prorated on the basis of square footage of land for each parcel of property. The average cost per square foot is $0.46. ~The average cost per parcel of property is estimated to be $9,255.'The Commission Memorandum - May 3, 1995 Allison Island Underground Utillties' Special Assessment District/Public Hearing project cost is proposed to be repaid with special assessments over 20 years at an annual rate of interest of eight percent (8%). CONCLUSION: The City Commission should adopt the attached resolutions in order to make the final determination on whether the improvements should be made and paid for with special assessments.