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RESOLUTION 92-20519 r • f t RESOLUTION NO. 92-20519 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ORDERING THE CONSTRUCTION OF THE IMPROVEMENTS CONSISTING OF STREET, SIDEWALK, STORM SEWER AND WATER MAIN IMPROVEMENTS TO OCEAN DRIVE BETWEEN FIFTH AND FIFTEENTH STREETS, ALL LYING WITHIN THE CORPORATE LIMITS OF THE CITY OF MIAMI BEACH, DETERMINING THAT A PART OR PORTION OF THE EXPENSE THEREOF BE PAID BY SPECIAL ASSESSMENTS, DETERMINING THAT A PART OR PORTION OF THE EXPENSE THEREOF BE PAID BY THE OCEAN DRIVE CAPITAL IMPROVEMENT BOND FUND, PROVIDING FOR THE MANNER IN WHICH SAID ASSESSMENTS SHALL BE MADE, WHEN SAID ASSESSMENTS ARE TO BE PAID, DESIGNATING THE LANDS ON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Miami Beach, Florida (the "Commission") , placed a question of the ballot on November 4 , 1986 to approve the issuance of $3 , 000, 000 in general obligation Bonds (the "Bonds") for the construction of certain improvements to Ocean Drive between Fifth and Fifteenth Street, said Bonds to be repaid in whole or in part by special assessments on the specially benefitted properties and which Bonds were approved by the electorate of the City on said date; and WHEREAS, the City of Miami Beach (the "City") covenanted in Resolution No. 87-18767 adopted by the Commission on February 18 , 1987 in connection with the issuance of the Bonds to take all steps necessary to assess, levy and collect special assessments from real properties specially benefitted from the construction of said improvements. NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: 1. The City Commission of the City of Miami Beach, Florida, does hereby determine that Ocean Drive from Fifth Street through and including Fifteenth Street should be reconstructed with improvements to the streets, sidewalks, storm sewers and water mains as authorized pursuant to the provisions of Chapter 170, Florida Statutes, and other applicable provisions of law. 2 . The Commission hereby authorizes and orders the construction of the project and such improvement shall consist of construction, reconstruction, paving, widening, guttering of the streets, grading, leveling, laying, hard surfacing and widening of the sidewalks, construction and reconstruction of storm sewers, and construction and reconstruction of water mains, and all necessary appurtenances and structures thereto, between Fifth Street through and including Fifteenth Street of Ocean Drive, all to be located within the City. 3 . The total estimated cost of the above-described improvement is two million, four hundred thousand dollars ($2 , 400, 000) , and fifty two and one tenth percent (52 . 1%) of the costs thereof are estimated to be paid by special assessments against all lots and lands adjacent and contiguous and bounding and abutting upon such improvements, and specially benefitted thereby, which lots and lands are further designated by the assessment plat hereinafter provided. 4 . Special assessments to defray that portion of the cost of the above-described improvements determined to be assessed against the property specially benefitted shall be levied against all lots and lands specially benefitted thereby and further described by the assessment plat as provided by law. 5. Said assessments herein provided for shall be made and shall be determined and pro-rated according to the front footage of the respective properties specially benefitted by said improvements, and shall be due and payable within thirty (30) days after the completion and acceptance of the improvements; provided, however, that property owners may elect to pay said assessments in ten (10) equal yearly installments with interest at the rate of eight percent (8%) per annum from the due date until paid and if not paid when due, there shall be added a penalty at the rate of one (1) percent until paid. 6. Approximately forty seven and nine tenths percent (47 . 9%) of the total cost of said improvements shall be paid by the City from the Ocean Drive Capital Improvement Fund set aside for such purpose. 7 . At the time of adoption of this Resolution, there is on file with the Clerk of the City of Miami Beach, an assessment plat showing the areas to be assessed, with plans and specifications, and an estimate of the costs of the proposed improvements, as herein specified, which assessment plat, plans and specifications and estimate are open to the inspection of the publi . PASSED AND ADOPTED THIS 3rd DAY OF Jure , 1992 . 'ayor Attest: City Clerk (45)(11._ FORM APPROVED PNB: lm LEGAL DEPT. C:\resoluti\ocean.spe By Date 5 7 r9 • • CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. DATE: June 3 , 1992 TO: Mayor Seymour Gelber and Members of the City Commission FROM: Roger M. Carlton City Manager SUBJECT: OCEAN DRIVE SPECIAL ASSESSMENTS ADMINISTRATION RECOMMENDATION: The Administration recommends that the City Commission approve the attached Resolution providing for Ocean Drive Special Assessments. BACKGROUND: The Ocean Drive Revitalization Strategy was adopted several years ago to provide incentives for private property owners to substantially renovate their buildings, allow for placement of outdoor cafes and restaurants, provide for pedestrian amenities to the streetscape and the expansion of Lummus Park. As part of that strategy, a special assessment concept was adopted which included a charge to the abutting property owners who benefitted from the project for a portion of the capital improvements. Now that the project is completed, and has been a tremendous success, the Administration has begun the process of assessing the special assessment portion of the improvements. In beginning this process, it was discovered that certain procedural steps were not fully implemented in the Special Assessment process. The following gives a brief chronology, explanation of the procedural steps now required to implement the Ocean Drive Special Assessment. The upgrading and renovation of the Ocean Drive District was brought to the City Commission in October, 1984 . In that meeting, the Planning and the Economic Development Departments presented the "Ocean Drive, A Planning and Urban Design Strategy" to the Commission. The Plan came to the Commission a second time in January 1985 with a request to incorporate the Plan into the City's Comprehensive Plan and to call a public hearing on that incorporation. A public hearing was called and held on February 6, 1985, at which time the City Commission adopted the Ocean Drive Plan which included a Special Assessment component. During the implementation of the Ocean Drive Plan, discussions were held with the newly-formed Ocean Drive Property Owner's Association to finalize the overall design of the street improvements. These discussions culminated in a July 23, 1986, Resolution calling for a special election in November, 1986, to authorize the issuance of not more than $3 , 000, 000 in General Obligation (GO) Bonds to be paid in part by special assessments from the abutting property owners who would benefit from the improvements. The reasoning behind the decision for a GO bond issue was that an estimated §0% 91 of the project was abutting City-owned property and was not assessable. AGENDA__Raaa_ ITEM DATE -3- COMMISSION MEMORANDUM PAGE TWO JUNE 3 , 1992 At that time, the City was undertaking a series of refunding transactions which advance refunded the 1983 $24, 000, 000 Public Improvement Bonds, the 1984 $22, 000, 000 TOPA Bonds, and the 1984 $9, 800, 000 South Pointe Redevelopment Bonds. It became timely and cost beneficial to add the $3 , 000, 000 Ocean Drive GO Bonds on to the second refunding transaction as the Series 1987B Bonds. In the Bond Resolution authorizing the Ocean Drive GO Bonds, the City covenanted to "take all actions necessary to assess, levy and collect special assessments" and to use the proceeds from the Special Assessment to pay debt service on all or a portion of the Bonds as they came due. Subsequent to this the project was constructed, however, the procedural steps necessary to levy the special assessment on the property owners were not completed. ANALYSIS: Pursuant to Chapter 170 of the Florida Statutes, the City had the right to levy special assessments on the abutting owners in accordance with the procedure specified therein. While the City did not implement the Chapter 170 procedures during the planning and construction of the project pursuant to Section 170. 14, the City has the right to make the assessments after the completion of the improvements. The following is the procedure to be utilized for levying these assessments: 1. The plans, specifications, cost estimates and assessment plat must be filed with the City Clerk's Office and open for inspection by the public. (This item was completed on May 29 , 1992) 2 . Approve an initial resolution providing for the improvements, describing the project area and calling for the special assessment. (This is the item before you today) 3 . The initial resolution must be published in its entirety in the Miami Herald. 4. The Public Works Department will prepare a preliminary assessment roll and file said roll with the City Clerk' s Office. 5. Approve a resolution fixing a time and place for a public hearing to be held. During this public hearing the benefitted property owners, as well as any concerned citizen, may comment on the improvements. (This item will be included on the June 17, 1992 Agenda, with the public hearing to be scheduled for the last meeting in July) 6. Mailing of notices to the property owners and advertisement for the public hearing; a minimum of ten days notice is required. The public hearing will be scheduled for the last City Commission meeting in July 1992 . 7. Holding public hearing and, at its conclusion, approve a resolution finalizing the assessment roll and confirming and accepting the project improvements. 8. Enter the final assessment in the City' s Improvement Lien Book. continued. . . 9 z . :i, ,�.ti.���att_•.i�I' :'�.'.31q..: .k.•,.Ct : .f F ++.' �/ rr.. ti �._ v � "��.1� .ter .�. • • • COMMISSION MEMORANDUM PAGE THREE JUNE 3 , 1992 9. Prepare and mail the special assessment notices and begin collections. As a result of the above process the City will be able to levy a special assessment of 52 . 1% of the Ocean Drive improvement cost to private property owners. Based on a lineal front footage method of calculating the assessment and the estimated cost of $2 . 4 million, the estimated assessment will be $234 . 15 per lineal foot or an estimated $11, 707. 50 for the average fifty-foot lot. It is estimated that the entire process will be completed by October 1992. CONCLUSION: The City Commission should pass the Ocean Drive Special Assessment District initial resolution to begin the process to levy the special assessments. RMC:CBT:ap 93 ORIGINAL '' RESOLUTION NO. 22--20519 Ordering the construction of the • improvements consisting of street, sidewalk, storm sewer and water main improvements to Ocean Drive between Fifth and Fifteenth Streets, all lying wihtin. the corporate limits of the City of Miami Beach,