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95-21613 RESO RESOLUTION NO, 95-21613 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DETERMINING THAT CERTAIN CAPITAL IMPROVEMENTS BE PROVIDED PURSUANT TO THE CREATION OF THE ALLISON ISLAND UTILITY IMPROVEMENT DISTRICT, AS DECLARED BY RESOLUTION NO, 95-21572. ADOPTED ON MAY 3, 1995, 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 May 3, 1995, by Resolution No, 95-21572, the Mayor and City Commission of the City of Miami Beach, Florida, declared the creation of a special assessment district known as the Allison Island Utility Improvement District, for that area generally described as Allison Island, north of 63rd Street on the Indian Creek Sub-division (District), for the provision of those certain public improvements as set forth in Exhibit "B" of Resolution No, 95-21572 (Improvements), attached hereto and incorporated herein 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. 95-21573, the Mayor and City Commission scheduled and thereafter held a public hearing on June 21, 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: All findings and recitals contained in this Resolution are hereby adopted and incorporated herein, Resolution No. 95-21572, which ordered the creation of the Allison Island Utility Improvement District is hereby confirmed and it is hereby determined that the Improvements set forth therein be provided to the District. Section 2: A final assessment roll shall be promptly filed with 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 21st day of June, 1995, C,\ltulyn\NOSIIORll,SC!> By Date Exhibit "1" 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 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSIONMEMORANDUMNO.~ TO: Mayor Seymour Gelber and Memben ofthe City Commission DATE: June 21, 1995 SUBJECf: Jose Garcia-Ped.....a City Manager A RESOLUTION THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI B CH, FLORIDA, DETERMINING THAT CAPITAL IMPROVEMENTS BE PROVIDED PURSUANT TO THE CREATION OF THE ALLISON ISLAND UTILITY IMPROVEMENT DISTRICT; AS DECLARED BY RESOLUTION NO. 95-21572, ADOPTED ON MAY 3, 1995, AND FURTHER LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTIES IN THE DISTRICT BENEFITTED THROUGH THE PROVISION OF THE IMPROVEMENTS, IN ACCORDANCE WITH THE FINAL ASSESSMENT ROLL TO BE FILED FORTHWITH WITH THE CITY CLERK FROM: ADMINISTRATION RECOMMENDATION: The Administration recommends that the city Commission adopt the attached Resolution which provides for the levy of special assessments to properties within the Allison Island utility Improvement District, in accordance with the Final Assessment Roll, 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, AGENDA ITEM R - 3- f\ DATE~ . ' On April 5, 1995, the Administration received the petition indicating 51 percent of the affected property 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, attached owners to On May 3, 1995, the City commission adopted Resolution No, 95- 21572, authorizing the creation of the Allison Island Utility Improvement District, and scheduled the required public hearing. ANALYS:IS: 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 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 resolution in order to authorize the final assessment roll and proceed with the improvements to the District, KM:km