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95-21488 RESO RESOLUTION NO. 95-21488 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DETERMINING THAT CAPITAL IMPROVEMENTS BE PROVIDED PURSUANT TO THE CREATION OF THE NORTH SHORE STREETSCAPE IMPROVEMENT DISTRICT, AS DECLARED BY RESOLUTION NO. 94-21437, ADOPTED ON DECEMBER 21, 1994, AND FURTHER LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTIES IN THE DISTRICT BENEFITTED THROUGH THE CREATION OF THE IMPROVEMENTS, IN ACCORDANCE WITH THE FINAL ASSESSMENT ROLL TO BE FILED FORTHWITH WITH THE CITY CLERK. WHEREAS, Chapter 170, Florida Statutes, as amended (Act), provides that a municipality may levy and collect special assessments against property benefitted for the purpose of making public improvements; and WHEREAS, on December 21, 1994, by Resolution No" 94-21437, the Mayor and City Commission of the City of Miami Beach, Florida, declared the creation of a special assessment district known as the North Shore Streetscape Improvement District, for that area of North Beach generally described as Collins Avenue, from 59th Street to 76th Street; Ocean Terrace area, from 73rd Street to 75th Street; and 71st Street - Normandy Drive, from the ocean to Rue Notre Dame (District), for the provision of those certain public improvements as set forth in Exhibit "A" of Resolution No. 94-21437 (Improvements), attached and incorporated as Exhibit No.1, all in accordance with the applicable provisions of the Act; and WHEREAS, a preliminary assessment roll has been filed with the Office of the City Clerk indicating the lots and lands to be assessed, the amount of the benefit to and the assessment against each lot and/or parcel of land, and the number of annual installments in which the assessments are divided, all as required by the Act; and WHEREAS, pursuant to Resolution No. 94-21438, the Mayor and City Commission held a public hearing on February 1, 1995 to hear testimony from all property owners and any other interested persons regarding the propriety, advisability and cost of making the Improvements in the District; and WHEREAS, all affected property owners have received appropriate notice of the public hearing, as prescribed by the Act; and WHEREAS, all complaints, comments and objections by interested persons and affected property owners were received at the hearing and thereafter treated on the basis of justice and right, as reflected herein with regard to the Improvements and the assessments" NOW, THEREFORE, BE IT DULY RESOLVED by the Mayor and City Commission of the City of Miami Beach, Florida: Section 1: adopted and ordered the District is Improvements All recitals contained in this Resolution are hereby incorporated herein. Resolution No. 94-21437, which creation of the North Shore Streetscape Improvement confirmed and it is hereby determined that the set forth be provided to the District. Section 2: A final assessment roll shall be filed forthwith in the Office of the City Clerk in accordance with this Resolution and the applicable provisions of the Act. Such assessments contained in the final assessment roll are hereby levied and stand confirmed and remain legal, valid and binding special assessment liens upon properties against which such assessments are made, until paid. These assessments shall be recorded in the Improvement Lien Book and the final assessment roll shall show the lots or lands assessed, the amount of benefit as to each such lot or land, and the manner of payment of such assessment" PASSED AND ADOPTED this 1st day of February, 1995. ~ d- f Cv-J...--- CITY CLERK RM APPROVED LEGAL DEPT. ATTEST: C:\WPWIN60\WPDOCS\RESOLUTN\NOSHORE.SCP By :fey Date / 1- 2(":)'~_. CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY OF MIAMI BEACH COMMISSION MEMORANDUM NO. ~ FROM: Mayor Seymour Gelber and Members ofthe City Commission RogerM. carlto~ City Manager DATE: February 1, 1995 TO: SUBJECT: APPROVAL OF A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DETERMINING THAT CERTAIN SERVICES BE PROVIDED PURSUANT TO THE CREATION OF THE NORTH SHORE STREETS CAPE IMPROVEMENT DISTRICT, AS DECLARED BY RESOLUTION NO. 94-21437 ON DECEMBER 21, 1994; AND FURTHER LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTIES IN SAID DISTRICT BENEFIlTED BY THE PROVISION OF SUCH SERVICES, IN ACCORDANCE WITH THE FINAL ASSESSMENT ROLL TO BE FILED FORTHWITH WITH THE CITY CLERK. ADMINISTRATION RECOMMENDATION It is recommended that the Mayor and City Commission adopt the above captioned resolution which determines that certain services be provided and levies special assessments against properties in the North Shore Streetscape Improvement District to be benefitted by the provision of such services. BACKGROUND On December 21, 1994, the City Commission adopted Resolution No. 94-21437, creating a Special Assessment District to be known as the North Shore Streets cape Improvement District. At that time the assessment formula, district's boundaries, services and improvements to be provided, related budgets and preliminary assessment rolls were established. In legal compliance with Chapter 170 of the Florida State Statute, notices of the final hearing, including assessment information, were mailed to all property owners of record on Friday, January 13, 1995. The North Beach Development Corporation has been working closely with the City of Miami Beach to develop a comprehensive plan for the overall redevelopment and revitalization of the North Beach area. AGENDA ITEM F\ - 3-- E DATE~ Commission Memorandum Page 2 February 1, 1995 The "North Shore Revitalization Plan" was published in March of 1986. As a result of this publication an extensive planning phase and public information process was undertaken for the North Shore Public Area Capital Improvements Project, which has now come to be known as the foundation and plan for the proposed North Shore Streetscape Improvements District herein. The Administration and City Staff have worked closely with the North Beach Development Corporation and the business and residential community affected in the area. In December 1990, after a competitive selection process, the City Commission entered into a contract with the consulting firm of Kimley-Horn & Associates, Inc. to develop, under Phase I, a conceptual streetscape plan graphically depicting the locations of sidewalk, curb, gutter, street furniture, lighting and other miscellaneous items" On April 22, 1992, the Mayor and the City Commission of the City of Miami Beach, Florida approved Resolution No. 92-20495 allowing for the reimbursement of expenses incurred on behalf of the North Shore Area Improvements Project from the proceeds of debt to be incurred by the City; up to a maximum reimbursable amount of $10 million. On November 4,1992, the City Commission approved, under Resolution No. 92-20657, Phase II (Final Design) of the project consisting of the preparation of final construction plans and specification documents. On January 20, 1993, the City Commission approved Resolution No. 93-20699 ordering the acquisition, construction and installation of the North Beach Streets cape Improvement Project to address traffic flow, drainage, signage, alley lighting and greenery to create an attractive environment which should provide enhanced property values, economic stimulus and investment, enhanced infrastructure, an improved retailing and business environment, and enhance the image and character of the North Beach area. While it was the City's original intention, in the adoption of Resolution No. 93-20699, to proceed with the creation of such a District under the City's Home Rule Ordinance, it has now been determined by the Administration, the City Attorney's Office, and Bond Counsel that, in order to provide consistency with the creation of similar districts as currently in existence on Ocean Drive and Lincoln Road, and to be able to use the same financing mechanism as is being used in the Lincoln Road Capital Improvements District No.1, that the City repeal Resolution No. 93-20699 and herein proceed with the creation of the District pursuant to Chapter 170 of the Florida Statutes. Initially, this project was being developed under a City Home Rule Ordinance" As a result of litigation concerning the use of Home Rule Ordinances for special assessments by the City of Boca Raton, it was decided that this project should be developed under the provisions of Florida Statute Chapter 170; however, in order to proceed under Chapter 170, the City had to get the State Legislature to amend Chapter 170 to broaden the eligible project components thereunder. The foregoing resulted in substantial time delays. Commission Memorandum Page 3 February 1, 1995 Various improvements were additionally authorized by the City Commission after approval of Phase II, including the following: · Stormwater Improvements Signal Modifications Design of Ocean Terrace Park Sanitary Sewer Evaluations and Improvements Redesign of Ocean Terrace from 73rd Street to 75th Street Acquisition of required Permits Beach Portals Design of Electrical circuits for ornamental and special events lighting Water Main Improvements Traffic Capacity Analysis north of 75th Street Submittal Preparation of National Pollution Discharge Elimination System Permit (NPDES) Acquisition Extension of Project Limits north to 76th Street and South to Indian Creek Drive Phase II (Final Design) has been completed in accordance with the contract documents. The Project Cost Estimate, Plans, Specifications for Construction and the Preliminary Assessment Roll have been filed with the City Clerk by the Director of Public Works. ANALYSIS The Project is estimated to have a design and construction cost of $14.8 Million. Additional expenses have been incurred by the City, such as permitting fees, advertisement expenses, tax roll preparation, bond counsel fees, water meter boxes, painting of mast arm assemblies and municipal bond insurance expenses. These expenses are legally assessable. Administrative expenses as well as interest during construction incurred by the City are also legally assessable. The total cost of the project, including these fees, is estimated to be $18,250,000 as follows: Construction and Design Interest During Construction Public Works Administrative Fees Billing Administrative Fees Maintenance of Traffic Expenses Previously Incurred Relocation of FPL facilities On-Site City Inspector Total $14,800,000 2,250,000 250,000 250,000 250,000 250,000 100,000 100"000 $18,250,000 Commission Memorandum Page 4 February 1, 1995 The FDOT, under the Joint Participation Agreement which was authorized by Resolution No. 92-20686 on December 16, 1992, is currently being amended to provide for progress payments during the construction period, will provide $6,213,000 of the project cost. The City for its participation in the basic levels of service provided to all residents plus the work to be done on the water, sewer and storm water systems will fund $4,695,369. This leaves the value of the special benefit to the property owners in the District, $7,341,631, to be assessed. These sources total the complete anticipated project cost of $18,250,000. The Special Assessment District's share of these costs will be assessed to the 2,061 abutting property owners at a rate of $285 per front linear foot payable over twenty years at an 8% interest rate. Corner properties with frontage on two streets to be improved will be assessed at a 100% rate on the larger frontage and at 50% on the secondary frontage. Properties with multiple ownership (i.e. condominiums) will be assessed based on percentage of ownership in the same manner as ad-valorem property taxes are assessed. Each property owner will be billed separately. The combined project cost to the City and the District of $12 million has been financed through a loan from the Sunshine State Municipal Loan Pool. The State will fund its share of the costs with progress payments billed to FDOT. The repayment of the City's share of the project will come from the Gas Tax funds, Water/Sewer funds and Storm Water funds. Costs of the project not fundable from these revenues, if any, will be paid out of the General Funds non-ad valorem revenues. The City will be paid back for the advance of the funding cost of the project by the property owners in the District at the $285 per front linear foot rate which is the subject of this public hearing" The project consultants, Kimley-Horn and Associates, Inc., and bond counsel, Squire, Sanders & Dempsey, will make a presentation at the City Commission Public Hearing meeting. MAINTENANCE OF 1RAFFIC In order to minimize the impact of this two year construction project on the community, a maintenance of traffic plan will be included with the bid documents. The plan was presented before the North Beach Development Corporation directors at their January 23, 1995 meeting. The maintenance of traffic plan will be deliberated by the North Beach Development Corporation in a public meeting long before its implementation occurs. Commission Memorandum PageS February 1, 1995 CONCLUSION It is appropriate for the City of Miami Beach to provide basic infrastructure improvements for this project as well as the assessment for the municipal property within the project boundary. This innovative approach will ensure that this North Shore Streetscape Improvement District effort creates long-term success. The Mayor and the City Commission should adopt the attached resolution in accordance with the final assessment roll to be filed forthwith with the City Clerk. RMC/VOA/DR/RDR Attachment C:\rdr\ em \ hearingl.feb